Yashwant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51455 of 2023 Arising Out of PS. Case No.-602 Year-2019 Thana- BUXAR District- Buxar ====================================================== Yashwant Yadav S/o Late Khuti Yadav R/o Village-Lalganj, P.S.-Buxar (Muffasil), District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate Mr.Amit Kumar Pandey, Advocate For the Informant : Mr. Digvijay Kumar Ojha, Advocate For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, the informant and learned APP for the State.

2. This is the 3rd attempt of the petitioner to obtain regular bail in connection with Buxar (Town) P.S. Case No.602 of 2019 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner has been rejected by this Court in Cr.Misc.No.6222 of 2020 and Cr.Misc.No.6429 of 2022. In both the orders, this Court has considered the kind of allegations against the petitioner and upon finding that there is a direction allegation of opening fire on the deceased against him which hit him on the back and

Patna High Court CR. MISC. No.51455 of 2023(2) dt.21-06-2024 2/2 thereafter the deceased suffered several injuries by co-accused and the manner in which occurrence has been given effect outside the Civil Court premises, this Court refused to enlarge the petitioner on bail.

4. In today's argument, learned counsel for the petitioner is unable to show any change of circumstance and the fact remains that out of eight prosecution witnesses, five have already been examined and the trial is at the fag end. In the circumstances, this Court is not inclined to enlarge the petitioner on bail. Prayer is refused. At this stage, this Court has been informed that for last one year, no prosecution witness is being examined. If it is so, the learned trial court is expected to proceed in accordance with law to obtain the appearance of the witnesses and the Public Prosecutor shall cooperate in this regard. (Rajeev Ranjan Prasad, J) arvind/- U T