Neetu Kumar Yadav @ Neetu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68849 of 2022 Arising Out of PS. Case No.-20 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== NEETU KUMAR YADAV @ NEETU YADAV Son of Uma Shankar Singh R/V- Bhatwa Dihari, P.S- Dhangai, Dist- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, 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 third attempt at the behest of the petitioner for grant of bail in connection with Jagdishpur P.S. Case No. 20 of 2020 for the offence registered under Sections 302, 201/34 of the Indian Penal Code, inasmuch as the first petition filed by the petitioner for grant of bail was rejected by this Court vide order dated 23.12.2020 passed in Criminal Miscellaneous No. 30260 of 2020, whereafter, the second petition filed by the petitioner for grant of bail had stood dismissed as not pressed by an order dated 25.08.2021 passed in Criminal Miscellaneous No.

Patna High Court CR. MISC. No.68849 of 2022(2) dt.04-01-2023 2/3 39155 of 2021.

The present case has been registered on the basis of the fardbeyan of the Choukidar of the village, who has stated that while he was on tour of his area he got information that under the bridge situated over Duloura river a dead body of an unknown person is lying, whereafter he had reached at the said place of occurrence and found that a dead body of an unknown person was lying there and it appeared that the said person had been killed at some other place, by knife and then the dead body was thrown from the bridge into the river.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 17.03.2020 without there being any progress in the trial inasmuch as only one prosecution witness has been examined.

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

Patna High Court CR. MISC. No.68849 of 2022(2) dt.04-01-2023 3/3 available on record, this Court finds that the order dated 23.12.2020 passed by this Court earlier in the case of the petitioner is a detailed order wherein the materials available in the case diary have been discussed at length and it has been found that the complicity of the petitioner in the alleged occurrence is writ large from the records, hence 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, thus I do not find the present case to be a fit case for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/SauravU T