Patna High CourtCR. MISC./58159/2018dismissed

Ashok Yadav v. The State Of Bihar

2018-11-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58159 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- NAVINAGAR District- Aurangabad ====================================================== Ashok Yadav, Son of Sri Ram Deo Yadav, Resident of Village- Thego Tola, Nonia Bigha, P.S.- Navinagar, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Ms, Avja Achint, Advocate.

For the State :

Mr. Nawal Kishorei Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by coordinate Bench of this Court vide order dated 2.2.2018 passed in Cr. Misc. 936 of 2018.

In the written report there is specific allegation against petitioner of causing Garansa blow over head of the informant, on account of which, he succumbed to the aforesaid injury. Counsel for the petitioner submits that in the injury report Doctor has found the injury caused by hard and blunt substance.

Learned A.P.P. after looking into the case diary has submitted that injury has been found on the head of the deceased. The cause of death was opined by the Doctor due to aforesaid injury.

Patna High Court Cr.Misc. No.58159 of 2018(4) dt.28-11-2018 2/2 As such, there is specific allegation against the petitioner of causing Garansa blow on the head of the informant, on account of which, he died.

Report has been called for from the court below about current stage of the trial which has been received. From the report it appears that case is fixed for framing of charge. Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner is again rejected. The Trial Court is directed to frame charge immediately without any delay. The court below will proceed in the trial after framing of charge on day-to-day basis and make efforts to conclude the same within a period of nine months from the date of receipt of copy of this order as petitioner is in custody since 6.7.2017. (Sanjay Priya, J) S.Ali/- U T