Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52699 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

Om Prakash Yadav Son Of Kewal Yadav Resident Of Village- Bela Ward No.8, P.S.- Narpatganj (Basmatiya), District- Araria. 2.

Kuseshwar Yadav @ Kuseshwar Kumar Yadav Son Of Kewal Yadav Resident Of Village- Bela Ward No.8, P.S.- Narpatganj (Basmatiya), District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2022 Heard learned counsel for the parties.

The matter arises out of Narpatganj Basmatiya P.S. Case NO. 28 of 2020 (Sessions Trial No. 59 of 2020) registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 354B, 448, 504, 364A, 365, 379 of the Indian Penal Code and Section 27 of the Arms Act, presently pending before the learned Sessions Judge, Araria.

A report was called for from the Trial Court and the status of the case vide an order dated 05.04.2022. Two reports have been received vide Letter No. 1639/2022 and 1956/2022 sent by the learned District and Sessions Judge, Araria. As per the last letter, the request has been made that three months

Patna High Court CR. MISC. No.52699 of 2021(4) dt.12-05-2022 2/2 further period be granted to conclude the trial as he is taking all possible steps by taking up the matter on day-to-day basis. On the said undertaking given by the learned District and Sessions Judge, Araria, the bail application of the petitioners is rejected for the present. However, it is expected that the trial will be concluded within the time frame stipulated by it.

If the trial is not concluded within a period of four months, the petitioners shall be at liberty to file a bail application before the learned Court below who shall pass order taking into account the undertaking aforesaid given before this Court vide Letter No. 1956 of 2022.

The bail application is rejected with the aforesaid observations.

(Rajiv Roy, J) Jagdish/- U T