Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32104 of 2019 Arising Out of PS. Case No.-161 Year-2016 Thana- MAJHAULIA District- West Champaran ====================================================== AMAR YADAV Son of Late Ramjee Yadav Resident of Village - Dumri Mahanwa, P.S.- Manjhaulia, District - West Champaran. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Sharma, Senior Advocate.

For the State :

Mr.Yogendra Kumar, A.P.P.

For the Informant :

Mr. Sanjeev Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-09-2021 Heard learned Senior counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant, through Video Conferencing.

The petitioner seeks bail in connection with Manjhaulia P.S. Case No.161 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. Learned Senior counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner for grant of bail was rejected by this Court twice, lastly, vide order dated 25.07.2018 passed in Criminal Misc. No.44113 of 2018 on merit, taking into consideration the allegation against him to cause injury to the deceased through 'Bhala' but it is not detailed in the F.I.R. that on which part of the deceased, this petitioner caused injury to him through 'Bhala'. Further submission is that the petitioner is in

Patna High Court CR. MISC. No.32104 of 2019(6) dt.08-09-2021 2/2 custody since 23.05.2017, i.e., for about more than four years, but the trial of the petitioner is still pending for disposal. The report regarding the present stage of the concerned case, as called for, has been received from the court of the Additional Sessions Judge-IX, Bettiah, West Champaran, through Letter No.237 dated 07.08.2021, from which it appears that charges were framed in the case on 02.03.2020 but out of the 8 charge-sheeted witnesses including the doctor and I.O., only one witness has been examined and the remaining witnesses could not be examined due to nonworking of the court in physical mode due to COVID-19 pandemic.

Having regard to the facts and the circumstances of the case and also considering the period of custody of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran/concerned court, in connection with Manjhaulia P.S. Case No.161 of 2016. (Rajendra Kumar Mishra, J) P.S.