Lilo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72956 of 2022 Arising Out of PS. Case No.-355 Year-2019 Thana- SONO District- Jamui ====================================================== LILO YADAV Son of Late Kesho Yadav R/v- Bijaiya, P.S.- Charkapathar ( Sono ), District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Sessions Trial No. 103 of 2021 arising out of Sono P.S. Case No. 355 of 2019 for the offence registered under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail has been rejected by this Court by an order dated 03.03.2021 passed in Criminal Miscellaneous No. 35773 of 2020.
The allegation is regarding the petitioner having assaulted the father of the informant by
Patna High Court CR. MISC. No.72956 of 2022(2) dt.04-01-2023 2/3 means of an axe on his head, resulting in him sustaining grievous injuries and subsequently, the same had resulted in the death of the father of the informant.
The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 07.01.2020 and he is aged about 75 years and there is no substantial progress in the trial, hence he be granted bail. It is also submitted that though six witnesses have been examined in the ongoing trial, however, the doctor is not being examined and that is why the trial is not being concluded.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence I do not find any merit in the present petition, accordingly, the same stands
Patna High Court CR. MISC. No.72956 of 2022(2) dt.04-01-2023 3/3 dismissed, however, the learned trial court is directed to expedite the trial.
(Mohit Kumar Shah, J) S.Sb/SauravU T