Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4298 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- BIKRAM District- Patna ====================================================== Rajesh Yadav @ Rajesh Kumar Son of Dinanath Yadav Resident of Faridpur Baghakol, P.S.- Bikram, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Seema Devi wife of Late Dharmendra Kumar Resident of Faridpur Baghakaul, P.S.- Bikram, District -Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Patanjali Rishi, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2024 Heard Learned Counsel for the appellant and Learned Spl.P.P. for the State.

2. The appellant seeks regular bail in connection with Special No.151 of 2022 arising out of Bikram P.S. Case No.313 of 2022 lodged under Sections 302, 120B/34 of the IPC read with Section 27 of the Arms Act read with sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989.

3. Learned Counsel for the appellant submits that earlier the bail application of the appellant was rejected vide order dated 11.01.2024 passed in Cr. App (SJ) No.937 of 2023 directing the trial court to expedite the trial and conclude as early

Patna High Court CR. APP (SJ) No.4298 of 2024(4) dt.29-11-2024 2/3 as possible.

4. Learned Counsel for the appellant further submits that the appellant is in custody since 16.07.2022 and charge has already been framed, but till date no prosecution witnesses have been examined.

5. Learned counsel for the State opposes the prayer for bail and submits that after framing of charge, case is pending for prosecution evidence. He further submits that specific allegation is against the present appellant.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the appellant at present. Therefore, the bail application of the appellant is hereby rejected with liberty that in case, trial shall not be concluded within 6 months, he may renew his prayer for bail.

7. However, it is hereby directed to the Superintendent of Police, Patna Rural to do the needful so that appearance of charge-sheet witnesses and additional witnesses be made in this case within the period of 3 months.

8. Registry is directed to communicate this order forthwith through E-mail to the Superintendent of Police, Patna Rural. Registry is further directed to hand over a copy of this

Patna High Court CR. APP (SJ) No.4298 of 2024(4) dt.29-11-2024 3/3 order to learned A.P.P. who shall communicate this order to the Superintendent of Police, Patna Rural at his level. (Dr. Anshuman, J.) Prakashmani/- U T