Patna High CourtCR. MISC./18438/2018rejected

Raja Yadav @ Raj Kumar Yadav v. The State Of Bihar

2018-06-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18438 of 2018 Arising Out of PS.Case No. -127 Year- 2012 Thana -LAUKHI District- MADHUBANI ======================================================

1. Raja Yadav @ Raj Kumar Yadav S/o Sri Bare Lal Yadav, R/o villageChichodhwa, P.S.- Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durga Nand Jha For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2018 Heard both sides.

The petitioner seeks bail in Laukahi P.S. Case No.127/2012, registered under Sections 302, 307 and other allied Sections of the Indian Penal Code, Section 27 of the Arms Act and under section 3(x) of SC/ST Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier thrice rejected by this court. Lastly the prayer for bail of the petitioner was rejected vide order dated 04.05.2017 passed in Cr. Misc. No.9970 of 2017 with a direction to the trial court to expedite the trial and conclude the same within nine months but the trial has not been concluded. On such a report was called for and the learned Trial Judge reported that out of 14 prosecution witnesses 13 prosecution witnesses have

Patna High Court Cr.Misc. No.18438 of 2018 (3) dt.27-06-2018 2/2 already been examined. Thereafter on behalf of the petitioner accused a petition under Section 311 of the Cr.P.C. was filed to recall P.W.1 and P.W.7 who were not cross examined on behalf of the accused and the prayer of the accused was allowed for further cross examination of P.W.1 and P.W.7. It appears that the trial is at the fag end and there is specific allegation of firing against the petitioner which resulted in the death of the deceased. Considering the facts aforesaid and the fact that the trial is at the fag end, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected in Laukahi P.S. Case No.127/2012 pending in the court of learned 1st Additional Sessions Judge (Special Judge), Madhubani.

(Prabhat Kumar Jha, J) Amit/- U T