Patna High CourtCR. MISC./2639/2021rejected

Naresh Yadav v. The State Of Bihar

2021-03-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2639 of 2021 Arising Out of PS. Case No.-123 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== Naresh Yadav S/o Late Rambhajan Yadav R/o Village- Lalganj, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Chandauti P.S. Case no. 123 of 2019 registered under sections 307, 323, 325, 341, 379, 504 and 34 of the Indian Penal Code to which section 302 was added subsequently.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner in the above case was rejected vide order dated 29.6.2020 (Annexure 1) passed in Cr. Misc. 14837 of 2020. The petitioner is in custody since 18.11.2019 i.e. for over one year and three months. He has no criminal antecedent and there is no chance of the trial concluding in the near future.

The application for bail is opposed by learned APP for the

Patna High Court CR. MISC. No.2639 of 2021(3) dt.04-03-2021 2/2 State.

A report was called from the learned Court below with respect to the stage of trial and as per the report received contained in letter dated 22.2.2021, the case has been committed on 10.2.2021.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having assaulted Ajeet Kumar with a lathi as a result of which he sustained injuries on his head leading to his death, the Court is not inclined to enlarge the petitioner on bail and the same is rejected.

However, in the facts and circumstances of the case the petitioner will be at liberty to renew his prayer for bail after six months.

(Partha Sarthy, J) Prakash/- U