Pappu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75487 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Pappu Yadav, Son of Late Sugriv Yadav @ Late Sugrim Yadav, Resident of Village- Mudohariya, P.S.- Mohania, District- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The state of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-12-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Sessions Trial No. 303 of 2022 arising out of Mohania P.S. Case No. 179 of 2021 dated 14.05.2021 registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act and later on, Sections 324/34 and 326/34 of the IPC were also added.
3. This is second attempt of the petitioner for the relief of regular bail after his earlier bail prayer was rejected by this Bench vide order dated 14.03.2023 passed in Cr. Misc. No. 66506 of 2022 preferred by this petitioner.
4. The fresh grounds taken by the petitioner for the
Patna High Court CR. MISC. No.75487 of 2023(2) dt.08-12-2023 2/3 relief of regular bail in his second attempt are that in the earlier rejection order, this Court has granted liberty to the petitioner to renew his bail prayer after six months from the date of rejection order if any significant progress is not made in his trial and accordingly in the light of the said liberty, he has again come before this Court for the relief of regular bail as no significant progress has been made by the prosecution and only two prosecution witnesses have been produced and examined till date. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 08.07.2022 and as per the allegation, he fired upon the informant and in that firing, the informant sustained injury on non-vital part of his body and two co-accused persons, carrying almost similar nature of allegation, are on bail. Further Submission is that the petitioner had approached the Hon'ble Apex Court where the liberty granted by this Court was reaffirmed.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly the slowness of the prosecution in producing and examining the prosecution witnesses as mentioned-above and also taking into
Patna High Court CR. MISC. No.75487 of 2023(2) dt.08-12-2023 3/3 account the petitioner's fair and clean antecedent and his custody period, this Court is now inclined to accept his bail prayer. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sessions Trial No. 303 of 2022 arising out of Mohania P.S. Case No. 179 of 2021. (Shailendra Singh, J) annu/- U T