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Patna High CourtCR. MISC./71441/2021dismissed

Narendra Prasad @ Narendra Prasad Yadav @ Narendra Kumar v. The State Of Bihar

2022-02-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71441 of 2021 Arising Out of PS. Case No.-157 Year-2017 Thana- NIMCHAKBATHANI District- Gaya ====================================================== NARENDRA PRASAD @ NARENDRA PRASAD YADAV @ NARENDRA KUMAR S/o Late Dev Nandan Yadav Resident of Village- Telari, TolaDullibigha, P.S.- Neemchak Bathani, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner seeks bail in connection with S.Tr. No.368/2018 arising out of Nimchakbathani P.S. case No.157/2017 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Additional District & Sessions Judge 4th, Gaya.

Patna High Court CR. MISC. No.71441 of 2021(3) dt.16-02-2022 2/2 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner is the assailant and allegation of assault is alleged against him upon the deceased.

A report was called for from the trial court. It has been reported that till date none of the prosecution witness has been examined in this case.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Gaya and the Senior Superintendent of Police, Gaya are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period. Let this order be communicated to the District Magistrate, Gaya and the Senior Superintendent of Police, Gaya. (Sudhir Singh, J) Narendra/- U T