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Patna High CourtCR. MISC./10018/2017rejected

Mahanand Yadav @ Julmi Yadav v. The State Of Bihar

2017-03-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10018 of 2017 Arising Out of PS.Case No. -300 Year- 2015 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Mahanand Yadav @ Julmi Yadav, Son of Late Sahdeo Yadav, Resident of Village- Balha, P.S. Bihpur, (Bhawanipur), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 28.06.2016 passed in Cri. Misc. No. 18052 of 2016, on the ground that the petitioner is in custody since 27.01.2016. The informant is not an eye-witness and due to land dispute the occurrence has taken place, up till now no prosecution witness has been examined and in near future the trial is not likely to be concluded.

The learned A.P.P. seriously opposes the prayer of bail by submitting that after the occurrence the petitioner and others were seen by the informant and others and further the petitioner was having three nut in his hand and he opened fire

Patna High Court Cr.Misc. No.10018 of 2017 (2) dt.15-03-2017 2/2 when the informant and others raised alarm, Dilip Yadav was shot dead and, as such, the petitioner does not deserves bail. In the facts and circumstances stated above, at present finding no good ground for reconsideration of prayer of bail, again the prayer for bail of the petitioner stands rejected. However, the learned trial court is directed to expedite the trial and to conclude the same preferably within six months after taking the same on priority basis, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T