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Patna High CourtCR. MISC./51629/2015disposed

Karelal Yadav v. The State Of Bihar

2015-12-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51629 of 2015 Arising Out of PS.Case No. -482 Year- 2013 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Karelal Yadav S/o - Gudo Yadav Resident of Muhalla - Aabash Board, P.S. - Muffasil, District Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s : Ms. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-12-2015 Heard both sides.

The petitioner seeks bail in connection with Khagaria Mufasil P.S. case no. 482 of 2013, registered under Sections 341, 323, 354, 337, 504, 302 and 307 of the IPC and Section 27 of the Arms Act. He is in custody since 27.09.2014.

The allegation is of causing gun shot injury to the victim by him which resulted in his death. On going through the impugned order, it appears the trial vide Sessions Trial no. 192 of 2014 is already going on and is at the advanced stage. Mr. Chandra made diverse submission in support of the application including that of another injured of this case who is said to have hit by the same bullet has not supported the case. It appears that the informant is left to be examined.

Patna High Court Cr.Misc. No.51629 of 2015 (2) dt.14-12-2015 2/2 Considering the allegation and the fact that the trial is going on, this Court is not inclined to admit the petitioner to bail. Prayer is rejected.

If there is undue delay on the part of the prosecution to examine all the prosecution witnesses within 04 months from the date of receipt/communication of this order, the petitioner shall have liberty to renew his prayer for bail in the Court below itself. (Kishore Kumar Mandal, J) Shyam/- U T