Viveka Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43454 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

VIVEKA NAND YADAV Son of Ashok Yadav Resident of Village - Bal Batra, P.S.- Ara Town, District - Bhojpur 2.

Rahul Yadav Son of Santu Yadav Resident of Village - Bal Batra, P.S.- Ara Town, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioners and the State. The petitioners seek bail in Ara Town P.S. Case No. 61/2018, instituted for offence under Sections 302/34 of the Indian Penal Code read with Section 27 of Arms Act.

Earlier prayer for bail of petitioners was rejected by this Court on merit, vide order dated 05.10.2018 passed in Cr. Misc. No. 55698/2018 with liberty to renew prayer for bail after six months if no substantial progress is made in trial.

It is alleged in the written report that these petitioners along with other accused persons after tying the brother of informant with rope, have assaulted him brutally with iron rod and lathi on account of which he became unconscious. Thereafter, both the petitioners gave order to kill him then one of the co-accused fired on

Patna High Court CR. MISC. No.43454 of 2019(4) dt.14-08-2019 2/2 the brother of informant which hit in his left hand. Brother of informant was brought to the hospital but he died while he was being taken to hospital.

Report from the Court below regarding present stage of case has been received, from which it appears that case is pending for commitment of case.

No fresh ground has been made by the learned counsel for petitioners to consider the bail petition of petitioners. Accordingly, prayer for bail of petitioners is again rejected.

The trial court is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of copy of this order.

(Sanjay Priya, J) rakhi/- U T