Sandeep Prasad @ Sandeep Yadav @ Sandeep Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40178 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Sandeep Prasad @ Sandeep Yadav @ Sandeep Prasad Yadav Son Of Dukhi Yadav Resident of Village - Taran, P.S. - Sirdalla, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 135 of 2023 dated 03.04.2023 registered for the offence punishable under Section 302 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.04.2023 the petitioner made a telephonic call to the informant that his sister has died due to injury caused by jackal. The deceased was injured and her dead body was lying in the field. It is also alleged that the sister of the informant was killed by the petitioner with sharp weapon.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is no eye witness to the occurrence. The petitioner is the husband of the deceased and has two sons and

Patna High Court CR. MISC. No.40178 of 2024(3) dt.26-07-2024 2/2 one daughter out of the wedlock. Lastly, it has been submitted that the petitioner is in custody since 08.04.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner. Learned APP submits that the petitioner is the husband of the deceased and post-mortem report reveals that death was caused by sharp and heavy object.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of the petitioner for grant of bail is rejected.

8. The Trial Court is directed to expedite the trial and take all endeavor to conclude the trial at the earliest, preferably, within a period of one (01) year from the date of receipt/production of a copy of this order. If the trial is not concluded within one year, the petitioner will be at liberty to renew his bail application after one year.

(Khatim Reza, J) prabhat/- U T