Patna High CourtCR. MISC./30524/2016rejected

Ajay Yadav @ Faitar @ Fighter @ Ajaya Kumar v. The State Of Bihar

2016-11-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30524 of 2016 Arising Out of PS.Case No. -146 Year- 2012 Thana -MANSI District- KHAGARIA ======================================================

1. AJAY YADAV @ FAITAR @ FIGHTER @ AJAYA KUMAR Son of Bijendra Yadav Resident of village - Raghunathpur, Police Station Sahebpurkamal, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2016 Heard both sides.

The petitioner seeks bail in Mansi P.S. Case No. 146/2012, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 27.04.2015 passed in Cr. Misc. No. 9559/2015. Dr. Amrendra Kumar, learned counsel for the petitioner submits that there was firing and cross-firing in which the brother of the informant received gun shot injuries and died, but the informant alleged that the firing made by the petitioner hit Sudhir Kapar, the brother of the informant and his brother died.

Patna High Court Cr.Misc. No.30524 of 2016 (3) dt.26-11-2016 2/2 The petitioner is in jail since 22.09.2014.

Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The learned Additional Sessions Judge III, Khagaria, who is in seisin of S.Tr. No. 29/2013, 267/2013, 414/2014, arising out of Mansi P.S. Case No. 146/2012 is directed hold the trial on day-to-day basis and conclude the same within six months from the date of receipt of a copy of this order.

The S.P., Khagaria is directed to ensure the attendance of all the prosecution witnesses on the date fixed for evidence so that the trial must be concluded within six months. Let a copy of this order be sent to the learned Additional Sessions Judge III, Khagaria as well as the S.P., Khagaria for information and needful.

(Prabhat Kumar Jha, J.) Rakhi U T