Shiv Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44804 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== Shiv Narayan Yadav Son Of Late Janeshwari Yadav Resident Of Village - Kusthan, P.S.- Bihariganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier prayer for bail to the petitioner was refused vide order at Annexure-1.

The petitioner is also one of the assailants of the brother of the informant. The report of the trial Judge reveals that the prosecution witnesses are not turning up in Sessions Trial No.64 of 2021, arising out of Bihariganj P.S. Case No.49 of 2020, pending in the Court of Additional Sessions Judge-III, Madhepura.

The Superintendent of Police, Madhepura, is directed

Patna High Court CR. MISC. No.44804 of 2021(3) dt.15-12-2021 2/2 to ensure production of prosecution witnesses on each and every date fixed in the case, failing which he shall submit explanation for non-compliance of the order of this Court. Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with Sessions Trial No.64 of 2021, arising out of Bihariganj P.S. Case No.49 of 2020. Hence, prayer for bail is refused. (Birendra Kumar, J) Mkr./- U T