Patna High CourtCR. MISC./62976/2022dismissed

Baleshwar Yadav v. The State Of Bihar

2023-02-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62976 of 2022 Arising Out of PS. Case No.-47 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== Baleshwar Yadav, aged about 44 years (Male), S/o Late Shivbalak Yadav, R/o Mohalla- Jhilganj, P.S.- Kotwali (Gaya), District- Gaya. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Advocates For the Informant : Mr. Binod Kumar, Advocate For the State :

Mr. Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 31297 of 2020 under order dated 04.12.2020, annexed as Annexure-1 to the present application taking into account that the petitioner happens to be the assailant. This is second attempt on behalf of the petitioner for grant of bail.

A report was called for from the court below regarding the present stage of the case. It has been reported that out of six prosecution witnesses, one prosecution witness is yet to be examined and the trial is likely to be concluded within a period of six months.

Patna High Court CR. MISC. No.62976 of 2022(3) dt.15-02-2023 2/2 Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 177/2020/250/2020, arising out of Gaya Kotwali P.S. Case No. 47/2020, pending in the court of learned Additional Sessions Judge-III, Gaya. Learned court below is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

The District Magistrate and the Superintendent of Police, Gaya, are also directed to ensure that the Investigating Officer be produced on the date fixed in the court below so that the trial could be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Gaya. (Sudhir Singh, J) U.K./- U T