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Patna High CourtCR. MISC./49733/2021dismissed

Jogindra Bharti @ Jogi Bharti @ Yogendra Bharti v. The State Of Bihar

2021-09-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49733 of 2021 Arising Out of PS. Case No.-25 Year-2017 Thana- SUHAIL District- Gaya ====================================================== Jogindra Bharti @ Jogi Bharti @ Yogendra Bharti Son of Fakira Bharti @ Pakira Bhuiya Resident of Village- Shoyiya Pakri, P.S.- Sohail, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar no. 1, 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 Mr. Abhay Kumar no. 1, 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 Sohail PS case no. 25 of 2017 under Section 302 and other allied sections of Indian Penal Code.

The allegation made in the F.I.R. is regarding the accused persons including the petitioner herein having assaulted the

Patna High Court CR. MISC. No.49733 of 2021(2) dt.15-09-2021 2/2 deceased resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 15.12.2017 and there is no likelihood of conclusion of the trial in the near future.

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, hence there is no occasion to re-consider the prayer of the petitioner for grant of bail, especially in view of the fact that the petitioner is alleged to have committed a heinous crime, thus, I do not find any merit in the present petition, accordingly the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T