Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68003 of 2022 Arising Out of PS. Case No.-293 Year-2020 Thana- GOGRI District- Khagaria ====================================================== BRAJESH YADAV Son of Anirudh Yadav R/V- Baraitha, P.S- Gogri, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Santosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have fired hitting the informant in his chest. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 21.2.2022 (Annexure-1) passed in Cr. Misc. no. 44457 of 2021. In a case registered under section 307 of the Indian Penal Code, the petitioner has remained in custody for over two years since 24.2.2021 and there is no chance of the trial concluding in the near future. He undertakes to cooperate in the trial.

Patna High Court CR. MISC. No.68003 of 2022(6) dt.29-03-2023 2/2 The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner of having fired hitting the informant in his chest.

Having heard learned counsel for the parties and taking into consideration the case being one under section 307 of the Indian Penal Code, the direction of this Court in its earlier order of rejection dated 21.2.2022 to conclude the trial within six months, more than one year having been passed since passing of the order dated 21.2.2022 and the petitioner having remained in custody for more than 2 years, the petitioner is directed to be enlarged on bail in connection with Sessions Case no. 160 of 2021 (arising out of Gogari P.S. Case no. 293 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Khagaria.

(Partha Sarthy, J) Spd/- U T