Patna High CourtCR. MISC./42948/2019disposed

Mithilesh Yadav @ Mithilesh Kumar Yadav v. The State Of Bihar

2019-09-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42948 of 2019 Arising Out of PS. Case No.-142 Year-2017 Thana- RAMKRISHNANAGAR District- Patna ====================================================== MITHILESH YADAV @ MITHILESH KUMAR YADAV S/o Bijendra Rai @ Bijendra Yadav R/o village- Bari Pahari, P.S.- Agam Kuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Ram Krishna Nagar P.S. Case No. 142 of 2017 dated 25.05.2017 instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is alleged to have fired from his weapon leading to the death of the deceased. Though there are some mitigating circumstances in the facts of the case but considering that the petitioner is the author of the fatal injury, I am not inclined to grant bail to him for the present.

This Court has been informed that the petitioner is in custody since 03.07.2017 and charges

Patna High Court CR. MISC. No.42948 of 2019(3) dt.27-09-2019 2/2 have been framed on 26.07.2018. The trial is also said to have begun from today.

Looking at the period of custody of the petitioner, this Court directs that the trial be concluded as expeditiously as possible, preferably within a period of nine months from the date of production of a copy of this order before the trial court. In case the trial is not concluded within the aforesaid period and if it is not attributable to the petitioner, the petitioner shall have the liberty to approach the trial court for grant of bail. The petition is disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T