Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46760 of 2021 Arising Out of PS. Case No.-278 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Dinesh Yadav Son of Karu Yadav Resident of Village- Beldih, P.S.- Sherghati, District- Gaya (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Md. Matloob Rab, the learned APP for the State.

The present petition is by way of fourth attempt at the behest of the petitioner for grant of regular bail in connection with Sherghati PS case no. 278 of 2017 under Sections 147, 148, 149, 325, 307, 302 of Indian Penal Code. The allegation against the accused persons including the petitioner herein is regarding them having assaulted the father of

Patna High Court CR. MISC. No.46760 of 2021(2) dt.15-09-2021 2/2 the informant resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 01.06.2017 and there is no progress at all in the on-going trial, hence the petitioner is entitled to be granted the privilege of bail. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and I find that there is no change in circumstance from the day the prayer of the petitioner for grant of bail was rejected earlier, till date and moreover, prima facie, a case is definitely made out against the petitioner regarding him having killed the deceased, thus I do not find any merit in the present petition, especially considering the accusation and gravity of the offence committed by the petitioner, hence the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T