Arbind Kumar Yadav @ Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43340 of 2015 Arising Out of PS.Case No. -19 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. ARBIND KUMAR YADAV @ ARBIND KUMAR Son of Sukhram Rai Resident of Village- Barwa Khurd, P.S Kudwachainpur ,District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Kundwachainpur P.S. Case no.19 of 2013, S.T. No.1 of 2014 instituted for the offences under Sections 302/34 of the Indian Penal Code. Perused the report. The report of the court below shows that out of eight witnesses, five witnesses have already been examined.

Learned counsel for the petitioner submits that prosecution filed an application to examine other witnesses which has been rejected which is subject matter of challenge before this Court and on that account the court below is not

Patna High Court Cr.Misc. No.43340 of 2015 (3) dt.09-12-2015 proceeding with the matter.

Looking to the nature of allegation, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected. However, the court below may proceed with trial subject to the stay order, if any, passed by this Court.

(Shivaji Pandey, J) Vinay/- U T