Dayanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63350 of 2022 Arising Out of PS. Case No.-239 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Dayanand Yadav Son of Ram Dhatan Yadav Resident of village- Saidalli, P.SRehui, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 323, 324, 341, 147, 148, 149 and 341 of the Indian Penal Code and 27 of the Arms Act.
Earlier the prayer for bail of the petitioner was refused by this Court vide order dated 20.04.2022 passed in Cr. Misc. No. 46342 of 2021.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact,
Patna High Court CR. MISC. No.63350 of 2022(3) dt.07-12-2022 2/2 the petitioner is in custody since 12.02.2021 but the trial of the petitioner has not been commenced. He further submits that vide order dated 23.11.2022, the report was called with regard to the stage of the trial. He further submits that the report dated 28.11.2022 reveals that the charge has been framed against the petitioner and the case is pending for the prosecution evidence. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and further submits that there is direct allegation of firing upon the victim and the postmortem report also conveyed the same. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Rohui P.S. Case No. 239 of 2020 pending in the court of learned Additional District Judge-VIII, Nalanda at Biharsarif.
Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J) Vanisha/- U T