Bahadur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19901 of 2016 Arising Out of PS.Case No. -145 Year- 2006 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Bahadur Yadav, S/o Sri Vijendra Yadav, R/o Village- Amchura, Manjhi Tola, P.S.- K. Nagar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been made accused in Sessions Trial No. 254 of 2015 arising out of K. Nagar P.S.Case No. 145 of 2006. His prayer for bail was earlier rejected by this Court on merits, vide order dated 17th October, 2014 passed in Cr.Misc. No. 37695 of 2014.

It is submitted by the learned counsel for the petitioner that though the petitioner is in custody since 31st March, 2014, his trial has not been concluded as yet and there is no likelihood of conclusion of the trial in near future. He has further submitted that the witnesses examined on behalf of the prosecution have not stated anything specific against the

Patna High Court Cr.Misc. No.19901 of 2016 (3) dt.11-05-2016 2/2 petitioner.

On the other hand, learned counsel for the State has submitted that from perusal of the earlier order passed by this Court, as contained in Annexure-3 to the present application, it would be evident that the wife of the petitioner was killed in her matrimonial home and the Doctor, who had conducted the autopsy on the body of the deceased had opined that the cause of death was asphyxia due to strangulation. He has further submitted that the trial is at advance stage and altogether six charge-sheet witnesses have already been examined.

Regard being had to the stage of the trial as also seriousness of the offence, I am not inclined to grant bail to the petitioner. Accordingly, the application for bail is rejected. (Ashwani Kumar Singh, J) Pradeep/- U T