Siya Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55434 of 2024 Arising Out of PS. Case No.-416 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Siya Ram Yadav S/O Late Yaddu Yadav R/O Village- Jhajha, P.SKusheshwar Asthan, Distt.- Darbhanga. 2.

Ajay Yadav @ Ajay Yadav S/O Late Ram Kishun Yadav R/O VillageJhajha, P.S- Kusheshwar Asthan, Distt.- Darbhanga. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with S.Tr. No.651 of 2023, arising out of K. Asthan P.S. Case No.416 of 2022 lodged under Sections 302, 120B/34 of the IPC read with Section 27 of the Arms Act.

3. Learned Counsel for the petitioners submits that the bail application of the petitioners has earlier been rejected vide order dated 02.04.2024 passed in Cr. Misc. No.20753 of 2024 with liberty that they may renew their prayer for bail seven months after framing of charge.

4. Learned Counsel for the petitioner specifically submits that in paragraph 14 of the bail petition, he has mentioned that charges have been framed on 19.12.2023, but

Patna High Court CR. MISC. No. 55434 of 2024(4) dt.02-12-2024 2/2 trial has not concluded and there is no chance of absconding of the petitioners as well as conclusion of trial in near future. He further submits that antecedent of the petitioners are not clean and there is one criminal case pending against them which is of section 302 of the I.P.C.

5. Learned Counsel for the State opposes the prayer for bail and submits that the petitioners' antecedent are not clean. He further submits that the case which is pending against the petitioners, is of section 302 of the IPC and this aspect may be taken into consideration. He further submits that progress report has been called for.

6. From the report, it transpires that after commitment, charges have been framed and out of 4 nonofficial witnesses, two witnesses have been examined.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners at present. Therefore, the bail application of the petitioners is hereby rejected.

8. However, Trial Court is directed to expedite the trial as the earliest.

(Dr. Anshuman, J.) Prakashmani/- U T