Pravesh Yadav @ Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55492 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -ASARGANJ District- MUNGER ====================================================== Pravesh Yadav @ Ram Pravesh Yadav, son of Late Rameshwar Yadav, Resident of village-Dulhar, Police Station- Asarganj, District-Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Md. Harun Quareshi, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner has renewed his application for bail in connection with Asarganj P.S. Case No. 73 of 2015 registered under Sections 147, 148, 149, 307 of the Indian Penal Code and 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 19.05.2016. It is submitted that the petitioner has been implicated in the present case out of animosity and there is no material available against him to frame charges. On the other hand, learned counsel for the

Patna High Court Cr.Misc. No.55492 of 2016 (4) dt.29-03-2017 2 / 2 informant submitted that it is the petitioner who had fired at the informant causing injury in his abdomen. He submitted that though the witnesses are ready to depose, the petitioner is not allowing the court below to frame charges and to proceed with the trial.

I have heard the parties and perused the record. Regard being had to the submissions made above, the prayer for bail of the petitioner is rejected for the present. The trial court is directed to dispose of the application filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure on the next appointed date. In case the trial court finds material to frame charges, it shall hold the trial on day-to-day basis and conclude the same within seven months from the date of framing of charges. The informant and the witnesses for prosecution should ensure their appearance before the trial court after framing of charges. In case the trial is not concluded within seven months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail.

(Ashwani Kumar Singh, J.) Sanjeet/- U T