Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60258 of 2021 Arising Out of PS. Case No.-18 Year-2010 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== SURENDRA YADAV S/o Late Sipahi Yadav R/o village- Rampur Tengrahi, P.S.- Jadavpur, District- Gaopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner seeks bail in Sessions Trial No. 738 of 2016 arising out of Gopalganj P.S. Case No. 18 of 2010 registered under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.60258 of 2021(3) dt.19-01-2022 2/2 Annexure-1 to the present application taking into account that the petitioner was one of the assailants and the case relates to double murder.

A report was called for from the trial court. It has been reported that prosecution evidence has already been closed and the statement of the accused persons under Section-313 Cr.P.C. has already been recorded. The trial is at the verge of conclusion.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all possible steps to conclude the trial of the petitioner preferably within a period of five months from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T