Patna High CourtCR. MISC./44708/2023disposed

Shiv Shankar Yadav v. The State Of Bihar

2023-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44708 of 2023 Arising Out of PS. Case No.-199 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== SHIV SHANKAR YADAV Son of Late Bardhan Yadav Resident of village - Chatra, P.S. - Gwalpara, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is accused in connection with Gwalpara P.S. Case No.199 of 2018 registered under Sections 302/34 of the I.P.C. and 27 of the Arms Act.

Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected vide order dated 11.09.2019 passed in Cr.Misc.No.37077 of 2019. The fresh ground for bail is that the petitioner has been languishing in custody from 04.04.2019 and there is no likelihood of the trial to be concluded in near future.

Earlier a report regarding stage of trial of was called for by this Court vide order dated 19.07.2023, which has been received. Perusal of the said report shows that the trial of the

Patna High Court CR. MISC. No.44708 of 2023(3) dt.25-08-2023 2/2 case in question is running at argument stage. Having considered the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, his prayer for regular bail is once again rejected. However, the court below is directed to dispose of the Sessions Trial No.191 of 2019 arising out of Gwalpara P.S. Case No.199 of 2018 within three months from the date of receipt of this order in accordance with law.

Accordingly, this petition is disposed of.

(Arvind Srivastava, J) Harish/- U T