Patna High CourtCR. MISC./51329/2024rejected

Uday Shankar Yadav @ Uday Shankar Kumar v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51329 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Uday Shankar Yadav @ Uday Shankar Kumar Son of Ram Kumar Yadav Resident of Village - Lalapatti, Police Station - Babubarhi, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of murder of the nephew of the informant by the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has got clean antecedent as stated in para-3 of the petitioner and he is in custody since 11.10.2023. He next submits that petitioner's name has been

Patna High Court CR. MISC. No.51329 of 2024(3) dt.18-10-2024 2/3 figured on the basis of dirty village politics and allegation against the petitioner is absolutely false and fabricated.

5. Learned APP for the State opposes the prayer for bail of the petitioner. He next submits that the status report of the trial court dated 29.07.2024, shows that only two prosecution witnesses are left to be examined and it will take four to five months from the next date, i.e., 02.08.2024 to conclude the trial.

6. On perusal of the first information report, case diary, status report, postmortem report of the deceased and impugned order dated 13.06.2024, it appears that there is direct allegation against this petitioner for committing the murder of the nephew of the informant and also on perusal of the status report of the trial court dated 29.07.2024, it appears that only two prosecution witnesses are left to be examined and it will take four to five months from the next date of hearing, i.e., 02.08.2024 to conclude the trial, so considering the above facts and circumstances, I

Patna High Court CR. MISC. No.51329 of 2024(3) dt.18-10-2024 3/3 am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected. The status report dated 29.07.2024 submitted by Sessions Judge, Madhubani has mentioned that the trial of the case is likely to be concluded within 4-5 months from 02.08.2024.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T