Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44163 of 2021 Arising Out of PS. Case No.-204 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Prakash Yadav, Son of Nathuni Yadav @ Natheshwar Prasad Yadav, Resident of Village- Jiwachhpur, P.S.- Gamhariya, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 02-02-2022 The applicant/accused in Crime No. 204 of 2019 registered with Supaul (Laukaha OP) Police Station for the offences punishable under Sections 302 and 201 r/w Section 34 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused who argued only on the basis of suspicion and the regular evidence, the name of the applicant is surfaced in the crime in question. It is further argued that as directed by this Court in the earlier order dated 29.06.2020, the trial is not concluded within a period of one year and therefore, the applicant is entitled for bail.

Earlier bail application of the applicant was rejected on merit by the coordinate Bench of this Court by holding that

Patna High Court CR. MISC. No.44163 of 2021(2) dt.02-02-2022 2/2 after going through the case diary and the materials available on the record, this Court is not inclined to grant bail to the petitioner. Entertaining the second bail application in the wake of this finding would amount to review of the earlier order which is not permissible. The application is accordingly rejected.

The learned trail court is directed to conclude the trail expeditiously in view of the earlier order dated 29.06.2020 passed by this Court and to submit before this Court in that regard.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Bhardwaj/- U T