Sukhdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71946 of 2021 Arising Out of PS. Case No.-318 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Sukhdeo Yadav Son Of Tulsi Yadav Resident Of Village - Maya Bigha, P.S. - Vazirgange, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that the bail application of petitioner was earlier rejected on merit vide order dated 09.09.2020 passed in Cr. Misc. No. 20686 of 2020. He further submits that in the said rejection order, it has been directed to expedite the trial and it has been observed that if the trial has not been concluded within nine months of resumption of Court proceeding in physical mode, the petitioner shall be at liberty to renew his prayer for bail. A report has been called for, in which it has been intimated that after framing of charge the examination of one prosecution witness has been completed out

Patna High Court CR. MISC. No.71946 of 2021(3) dt.13-10-2022 2/2 of 7 charge sheet witnesses.

Learned counsel for the State opposes the prayer for bail and submits that nine months has not been completed from the date of resumption of Court proceeding in physical mode, therefore, the time has not been matured.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore his bail application is hereby rejected, but liberty is hereby granted to the petitioner to renew the prayer for bail before the trial court itself after four months from the date of passing of this order and, if trial shall not be concluded within four months the trial court is directed to release the petitioner on bail imposing its own conditions so that he shall not evade his appearance during trial.

(Dr. Anshuman, J.) ritik/- U T