Patna High CourtCR. MISC./66496/2023rejected

Sonu Yadav v. The State Of Bihar

2023-12-01Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66496 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== SONU YADAV Son of Umesh Yadav R/o vill - Fatehpur, P.S. - Jagdishpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Advocate : Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2023 Heard Mr. N.K.Agrawal, learned senior counsel appearing for the petitioner and Mr.Chandra Sen Prasad Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 26.06.2022 in connection with S.Trial No.965 of 2022 arsing out of Jagdishpur P.S.Case No.61 of 2022, F.I.R. dated 18.02.2022 registered for the offence punishable under Section 302 of IPC read with Section 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner was refused vide order dated 23.03.2023 passed in Cr. Misc. No.68063 of 2022.

4. Learned senior counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case and he is judicial custody since 26.06.2022 and as

Patna High Court CR. MISC. No.66496 of 2023(3) dt.01-12-2023 2/2 per instruction that there is no chance of early conclusion of the trial in near future.

5. Vide order dated 06.10.2023, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 10.10.2023 reveals that out of five chargesheet witnesses, two witnesses have already been examined.

6. Considering the aforesaid fact, trial is in progress and there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with S.Trial No.965 of 2022 arsing out of Jagdishpur P.S.Case No.61 of 2022 pending in the court of learned Additional District and Sessions Judge -XIII, Bhagalpur.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T