Patna High CourtCR. MISC./46590/2015rejected

Mahesh Yadav v. The State Of Bihar

2015-10-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46590 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -NOORSARAI DistrictNALANDA (BIHARSHARIFF) =====================================

1. Mahesh Yadav, Son of Late Piyare Yadav, Resident of Village - Sibanper, P.S. - Noorsarai, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Ashok Kumar, Adv. For the State :Smt. Anita Kumari Singh, (A.P.P.) For the Informant :Mr. Dharmesh Kumar, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-10-2015 Heard learned counsel, appearing on behalf of the petitioner, learned counsel, appearing on behalf of the informant and learned Assistant Public Prosecutor, appearing on behalf of the State.

This application for grant of regular bail arises out of Noorsarai P.S. Case No.90 of 2015, disclosing offences under Sections 302, 307, 504 and 354(A)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court Cr.Misc. No.46590 of 2015 (2) dt.15-10-2015 2/2 Learned counsel, appearing on behalf of the petitioner, submits that the petitioner has been implicated out of personal grudge and there is no specific allegation of assault against him.

Learned counsel, appearing on behalf of the informant, on the other hand, has contended that the trial has commenced and some of the prosecution witnesses have already been examined. He, accordingly, submits that the trial is likely to be concluded within a reasonable period.

In view of the gravity of offence and the fact that the trial has commenced, I am not inclined to grant the petitioner privilege of regular bail. The petitioner shall be at liberty to renew his prayer for bail, if the trial is not concluded within three months from the date of receipt/production of a copy of this order.

This application is rejected with the observation as above.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T