Abhay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61338 of 2021 Arising Out of PS. Case No.-33 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Abhay Kumar Yadav S/O Bhim Narayan Yadav R/O Village-Kusthan, P.SBihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the State :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2022 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. 136 of 2019 arising out of Bihariganj P.S. Case No. 33 of 2018 initially registered under Sections-323, 341, 307, 120(B), 504, 34 of the Indian Penal Code & 27 of the Arms Act and later on, Section-302 of the Indian Penal Code was also added.

Patna High Court CR. MISC. No.61338 of 2021(3) dt.02-02-2022 2/2 Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was alleged to have fired upon the deceased causing his death.

A report was called for from the trial court. It has been reported that out of 16 charge sheeted prosecution witnesses, 12 prosecution witnesses have already been examined and the trial is likely to be concluded within a period of three months.

Considering the nature of accusation and 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 necessary steps to conclude the trial preferably within a period of three months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T