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Patna High CourtCR. MISC./37528/2015rejected

Sudarshan Yadav v. The State Of Bihar

2015-08-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37528 of 2015 Arising Out of PS.Case No. -117 Year- 2010 Thana -MADANPURA District- AURANGABAD ====================================================== Sudarshan Yadav, Son of Sri Yugeshwar Yadav, resident of VillageManhar, P.S.-Madanpur, District-Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Anand Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-08-2015 By way of filing an application under Section 439 of the Code of Criminal Procedure, the petitioner seeks provisional bail in Sessions Trial No. 319/2010/171/2010 arising out of Madanpur P.S. Case No. 117 of 2010 on the ground that his wife is suffering from heart disease.

The prayer for bail of the petitioner has already been rejected by this Court on merit several times. The trial court has disbelieved the story of ailment of wife of the informant. The trial of the case is at advanced stage. Out of 13 charge-sheet witnesses, 10 have already been examined during trial. According to the FIR, the petitioner is said to be the

Patna High Court Cr.Misc. No.37528 of 2015 (2) dt.19-08-2015 2 / 2 person who caused gun shot injury on the chest of the deceased Uday Kumar.

Considering the facts and circumstances of the case, I am not inclined to the grant provisional bail to the petitioner. Accordingly, the prayer for provisional bail is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J.) Sanjeet/- U T