Sanjay Yadav @ Chonga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48891 of 2024 Arising Out of PS. Case No.-243 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== Sanjay Yadav @ Chonga Son of Keshwar Yadav Resident of Village - Ghughari Tand Chhatubigha, P.S.- Vishnupad, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for bail in connection with Sessions Trial no.534/20/219/20, arising out of Vishnupad P.S.Case no. 243 of 2019 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to have shot the elder brother of the informant.
4. The earlier prayer for bail of the petitioner was rejected vide orders contained in Annexure-1 series, the last being vide order dated 26.4.2023 passed in Cr. Misc. no.17950 of 2023.
5. Learned counsel for the petitioner submits that inspite of the petitioner being in custody since 17.12.2019 ie for a period of more than 4 1⁄2 years, the trial has still not concluded.
Patna High Court CR. MISC. No.48891 of 2024(5) dt.13-09-2024 2/2 The petitioner undertakes to cooperate in the trial and to abide by any conditions which may be laid by this Court for his release on bail.
6. The application for bail is opposed by learned A.P.P. for the State.
7. A report was called for from the learned trial Court. As per the report received contained in letter dated 5.9.2024 of the Additional Sessions Judge 1st, Gaya, the case is running at the stage of argument and the accused persons are arguing their case.
8. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of having shot the elder brother of the informant resulting in his death and the trial having reached near its conclusion with arguments on behalf of the accused persons taking place in course of trial, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
9. Learned trial Court is directed to conclude the trial within a period of three months from the date of conclusion of the argument on behalf of the accused persons. (Partha Sarthy, J) Saurabh/- U T