Atma Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46416 of 2024 Arising Out of PS. Case No.-866 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Atma Ram Yadav S/o Late Indradeo Yadav R/o vill - Barkhandi Tola, P.S. - Muffasil, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is twice rejected and is renewed by the petitioner for regular bail which has been filed in connection with Khagaria P.S. Case No. 866 of 2017 instituted for the offence u/s 147, 148, 149, 341, 447, 323, 385, 307, 504 of the Indian Penal Code and Section 27 of Arms Act.

Earlier the application for regular bail of the petitioner was twice rejected by order dated 17.04.2023 passed in Cr. Misc. No. 74404 of 2022 with an observation to learned trial court to conclude the trial

Patna High Court CR. MISC. No.46416 of 2024(2) dt.02-07-2024 2/3 expeditiously and order dated 09.02.2024, passed in Cr. Misc. No. 3748 of 2024 with an observation to learned trial Court to expedite and conclude the trial within stipulated period of time ie. four months, as mentioned in its report, failing which the petitioner may renew his prayer for bail application.

The allegation against the petitioner along with others is of firing upon the informant due to which he sustained injury and became unconscious. It is further alleged that the petitioner as well as other co-accused persons were demanding ransom of Rs. 50,000/- to allow him to irrigate his land.

It is mentioned in impugned order that charge has been framed and the case is fixed for adducing the prosecution witness. It is further submitted that there is no hope to conclude the trial in near future. Petitioner is languishing in judicial custody since 27.06.2022. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Patna High Court CR. MISC. No.46416 of 2024(2) dt.02-07-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khagaria P.S. Case No. 866 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Khagaria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T