Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40492 of 2024 Arising Out of PS. Case No.-393 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Manoj Yadav S/O Late Dhunmun Yadav R/O Village Shekhpur Chaman, Gosain Tola, P.S. Udakishunganj, Distt-Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-01-2025 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. Uday Pratap Singh, learned APP for the State.
2. The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 393 of 2022 registered for the offence(s) punishable under section(s) 353, 307 read with section 34 of the IPC and section(s) 25(1AA), 25(1B)a, 26, 27 and 35 of Arms Act.
3. The main submissions advanced by learned senior counsel for the petitioner are that it is the second attempt of the petitioner to get the relief of bail and while rejecting his first bail prayer by this court vide order dated 17.07.2023 passed in Cr. Misc. No. 40121 of 2023 the trial court was directed to
Patna High Court CR. MISC. No.40492 of 2024(6) dt.17-01-2025 2/3 expedite the trial of the petitioner and conclude the same in nine months from the date of that order and the petitioner was given a liberty to renew the prayer if his trial was not concluded in the prescribed period and now the petitioner has renewed his prayer mainly in the light of the said liberty as a period of more than one year has passed after the rejection of his first prayer and even then the trial of the petitioner is still running and the petitioner has been languishing in jail since 16.11.2022.
4. On the contrary, learned APP appearing for the State has opposed the bail prayer of the petitioner and submitted that the trial of the petitioner is on the verge of the end and the petitioner has a long criminal history.
5. Heard both the sides and perused the report of the trial court which was called for by this court with regard to the status of petitioner's trial and the same goes to show that statement of the accused persons under section 313 of the Cr.P.C. was recorded on 13.12.2024 and the case is now running for the defense evidence, so, at this stage it will not be proper to enlarge the petitioner on bail and further, he has criminal antecedents of 34 cases which raises the possibility of misuse of privilege of bail if the same is granted to the petitioner at this stage. Accordingly, the instant prayer which is the second
Patna High Court CR. MISC. No.40492 of 2024(6) dt.17-01-2025 3/3 attempt of the petitioner stands rejected.
6. It is expected from the trial court to conclude the trial of the petitioner at the earliest, preferably, in the next three months from the date of receipt of this order's copy and no unnecessary adjournment shall be granted to either of the parties.
(Shailendra Singh, J) maynaz/- U T