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Patna High CourtCR. MISC./13176/2017dismissed

Sachin Yadav @ Sachho Yadav v. The State Of Bihar

2017-03-29Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13176 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Sachin Yadav @ Sachho Yadav, son of Haro Yadav, resident of VillageRasalpur, PS- Naugachhia, Distt- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pravin Kumar Sinha, Advocate. For the State : Mr. Rajendra Prasad Mahto, APP For the informant : Mr. Ranjan Kumar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner is in custody since 23.11.2016 in connection with Sessions Trial No. 05 of 2017 arising out of Naugachia P.S. Case No. 149 of 2016, G.R. No. 939 of 2016 for the offences alleged under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and except the self confession of the petitioner before the police there is no other material to connect the petitioner with the alleged occurrence. The accusation against the petitioner is general and omnibus and no injury has been attributed to specific firing by the petitioner.

Patna High Court Cr.Misc. No.13176 of 2017 (2) dt.29-03-2017

4. Learned APP assisted by learned counsel for the informant appearing suo motu submits that in the case of coaccused Ajit Yadav @ Sanjay Kumar Yadav @ Ajit Kumar, this Court by order dated 22.03.2017 in Cr. Misc. No. 12405 of 2017 has directed for expeditious conclusion of the trial within one year, and the Superintendent of Police, Naugachia has been directed to ensure attendance of all the prosecution witnesses. It is further submitted that the trial is going on and three prosecution witnesses have already been examined. The petitioner is facing the trial along with the aforesaid co-accused Ajit Yadav @ Sanjay Kumar Yadav.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner at this stage and accordingly the prayer for bail of the petitioner is rejected. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/psc U T