Shashikant Yadav @ Shashikant Kumar Yadav @ Shashikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54231 of 2023 Arising Out of PS. Case No.-75 Year-2020 Thana- GANGTA District- Munger ====================================================== SHASHIKANT YADAV @ SHASHIKANT KUMAR YADAV @ SHASHIKANT KUMAR S/O VIJAY YADAV R/O VILLAGEDARIYAPUR, ANCHAL/THANA- HAVELI KHARAGPUR (GANGTA), DIST. MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shama Sinha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This is the second attempt of the petitioner to seek regular bail and earlier the petitioner has moved vide Cr. Misc. No. 60260 of 2021 and the same was rejected by order dated 12.04.2022. However, a liberty was granted to the petitioner to resume his prayer for bail after informant is examining this case.

3. In view of the liberty granted to the petitioner by order dated 12.04.2022 in Cr. Misc. No. 60260 of 2021, the present bail application has been filed on the ground that the informant has been examined.

4. The learned counsel for the petitioner fairly submits that the informant has supported the case of the

Patna High Court CR. MISC. No.54231 of 2023(2) dt.16-08-2023 2/2 prosecution and has stated in his examination that the petitioner had assaulted the deceased. The learned counsel on query of the Court that as to how many witnesses have been examined till date, the learned counsel fairly submits that out of six witnesses, four witnesses have been examined.

5. The learned A.P.P. vehemently opposes the bail application and submits that the liberty was granted to the petitioner to move this Court after the examination of informant by no stretch of imagination can be said that the liberty was for the purposes of grant of bail, it is further submitted that since the informant had supported the case of the prosecution during the course of trial, as such, chances are bright that petitioner may be convicted, as such, the petitioner at this stage is seeking bail when out of six witnesses, four already stand examined.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to release the petitioner on bail. (Satyavrat Verma, J) GauravSinha/- U T