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Patna High CourtCR. MISC./15824/2017rejected

Sanjay Yadav v. The State Of Bihar

2017-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15824 of 2017 Arising Out of PS.Case No. -36 Year- 2014 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Sanjay Yadav Son of Ram Prasad Yadav, resident of village - Birpur, P.S. Madhepur, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner, learned A.P.P. representing the State and the learned counsel for the informant.

The petitioner wants to renew his prayer of bail which was earlier rejected vide Criminal Misc. No. 2193 of 2016 by order dated 15.03.2016 by this Court on the ground that the petitioner is suffering in custody since 03.09.2014. From both sides one person has been killed and in F.I.R. there is general and omnibus allegation against the petitioner but during investigation it is said that in primary health center, the petitioner assaulted Ram Bihari Yadav with hammer and also shot him which is not believable as no staff of the hospital or authority has come forward to support the same and, as such, the petitioner deserves

Patna High Court Cr.Misc. No.15824 of 2017 (2) dt.10-05-2017 2/2 sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner assaulted the deceased by hammer and also shot him and the said hammer was seized from P.H.C. Madhepur. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again prayer of bail of the petitioner stands rejected.

However, the trial court is directed to expedite the trial and conclude the same within nine months after keeping the same on priority basis and it is expected that the petitioner will cooperate during trial. (Jitendra Mohan Sharma, J) sushma/- U T