Patna High CourtCR. MISC./61308/2021dismissed

Upendra Yadav v. The State Of Bihar

2022-01-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61308 of 2021 Arising Out of PS. Case No.-117 Year-2001 Thana- KURTHA District- Jehanabad ====================================================== Upendra Yadav Son of Chandradev Yadav R/o Village- Gokhulpur, P.S.- Kurtha, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Kurtha P.S. Case No. 117 of 2001 disclosing offence punishable under Sections 147 / 148 / 149 / 341 / 342 / 448 / 324 / 326 / 307 / 302 / 201 / 120(B) of the Indian Penal Code, 27 of Arms Act and 17 of C.L.A. Act.

The F.I.R. was registered in 2001 and the petitioner came to be apprehended in December 2019. Considering the fact that the petitioner could evade his arrest for all these 18

Patna High Court CR. MISC. No.61308 of 2021(3) dt.05-01-2022 2/2 years, his application was earlier rejected by this Court by an order dated 19.02.2021 passed in Cr. Misc. No. 35307 of 2020 with an observation that the court below should take steps for expeditious conclusion of the Trial. It was also observed that if the trial was not concluded within six months, the petitioner would be at liberty to renew his prayer for bail. Accordingly, this application has been filed renewing his prayer for bail. However, considering the fact that there is a chance of the petitioner not turning up for trial, if allowed regular bail in the background of his past conduct, this application is dismissed.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T