Patna High CourtCR. MISC./63657/2023bail rejected

Bajrangi Yadav v. The State Of Bihar

2023-11-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63657 of 2023 Arising Out of PS. Case No.-671 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== BAJRANGI YADAV S/O SHAMBHU YADAV R/O VILLAGENAYATOLA, GARBHU ASTHAN LAKHISARAI, PS. LAKHISARAI, DIST. LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for regular bail in connection with Sessions Trial no.27 of 2022 (arising out of Lakhisarai P.S. Case no.671 of 2019) registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the accused persons including the petitioner herein on three motorcycles are said to have resorted to indiscriminate firing as a result of previous land dispute and enmity between the parties.

4. The earlier prayer for bail of the petitioner was rejected vide order dated 7.1.2022 passed in Cr. Misc. no.28925 of 2021 and order dated 14.9.2022 passed in Cr. Misc. no.39998

Patna High Court CR. MISC. No.63657 of 2023(4) dt.24-11-2023 2/2 of 2022.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. Inspite of the petitioner being in custody since 15.1.2021 and cooperating in the trial, the trial has still not concluded nor is there any chance of the same concluding in the near future. He undertakes to cooperate in the trial.

6. Heard learned A.P.P. for the State.

7. A report was called for from the learned trial Court. From the report received contained in letter dated 12.10.2023, out of 18 prosecution witnesses, 15 prosecution witnesses have been examined.

8. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. together with the progress in the trial in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

9. Learned trial Court is directed to expedite the trial and conclude the same within a period of six months. (Partha Sarthy, J) Saurabh/- U T