Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22371 of 2018 Arising Out of PS. Case No.-36 Year-2014 Thana- MADHEPUR District- Madhubani ====================================================== Sanjay Yadav, Son of Ram Prasad Yadav, resident of Village- Birpur, P.S.- Madhepur, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No. 13, Advocate For the Opposite Party/s :

Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier twice rejected vide order dated 15.03.2016 and 10.05.2017 passed in Cr. Misc. No. 2193 of 2016 and Cr. Misc. No. 15824 of 2017 respectively, on the ground that the petitioner is suffering in custody since 03.09.2014, from the both sides, one person has been killed and in FIR there is general and omnibus allegation against the petitioner. But during investigation, the prosecution had developed the story stating that in Primary Health Centre, the petitioner assaulted the father-in-law Ram Chandra Yadav and cousin father-in-law Ram Bihari Yadav, but it is not believable that no staff of the hospital and authority of the hospital has stated that

Patna High Court Cr.Misc. No.22371 of 2018(2) dt.18-04-2018 2/2 the petitioner assaulted the injured during his treatment and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the petitioner assaulted the deceased by hammer and the said hammer was seized from Primary Health Centre, Madhepur.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 210 of 2015, G.R. No. 315 of 2014, arising out of Madhepur P.S. Case No. 36 of 2014 pending in the court of learned Additional Sessions Judge-VII, Madhubani. However, considering the detention of the petitioner, the learned trail Court is directed to expedite the trial and conclude the same preferably within six months, from date of receipt/production of a copy of this order, after keeping the same on priority basis and the petitioner will cooperate during trial.

(Jitendra Mohan Sharma, J) khushbu/- U T