Mritunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52074 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Mritunjay Yadav S/o Shakaldeo Yadav, R/o Village- Tuniyahi, P.S.+ District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Madhepura P.S. Case No.169 of 2016, a case under Sections 147/148/149/341/323/302 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Additional Sessions Judge-III, Madhepura.

Petitioner is main assailant. Earlier prayer for bail was refused in Cr. Misc. No.41719 of 2016 on 13.12.2016. Report of the learned trial Judge at Flag-S reveals that the trial is at the final stage of argument.

Submission of the learned counsel for the petitioner is that the informant of this case is also facing trial for murder of the

Patna High Court Cr.Misc. No.52074 of 2017 (7) dt.16-05-2018 P2/ same person and the witness has stated that in fact informant of this case has caused injury and death. Therefore, for single firearm injury on the same person allegation against two persons creates doubt.

Aforesaid submission is not considerable in view of the report of the learned trial Judge that the trial is likely to be concluded very soon.

Hence, I am not inclined to enlarge the petitioner on bail. The learned trial Court is directed to expedite the trial and conclude the same preferably within three months. (Birendra Kumar, J) Mkr./- U T