Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14975 of 2017 Arising Out of PS.Case No. -23 Year- 1992 Thana -BARAHIYA District- LAKHISARAI ====================================================== Awadhesh Yadav Son of Bhallu Yadav, Resident of Village- Pipariya Naya Tola, P.S.- Pipariya, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 324 and 307 of the I.P.C and section 27 of the Arms Act.

It is a case of the year 1992. There is allegation that the petitioner and others being the members of gang of Kailu Yadav opened firing at the time of fair of Maghi Purnima to collect ransom from the shop keepers causing injury to some persons and those injured were taken away by the gang of Kailu Yadav.

Submission is of false implication and that in this case other co-accused have been allowed bail, there is no specific

Patna High Court Cr.Misc. No.14975 of 2017 (4) dt.20-06-2017 2/2 allegation against the petitioner and the petitioner is suffering in custody since 01.04.2016.

The learned A.P.P. opposes prayer for bail of the petitioner by submitting that the petitioner has been declared absconder by order dated 28.07.2003 and he is named accused in the FIR. After hectic effort the petitioner has been apprehended. In the facts and circumstances as stated above, considering the period of abscondance, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sessions Trial No. 343 of 2000 arising out of Barahiya P.S. Case No. 23 of 1992 pending in the court of Additional District & Sessions Judge, Lakhisarai. However, considering the period of custody of the petitioner, let the trial be expedited and concluded as early as possible preferably within a period of six months. (Jitendra Mohan Sharma, J) Abhay/- U T