Patna High CourtCR. MISC./78305/2023bail rejected

Dukhi Yadav v. The State Of Bihar

2024-04-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78305 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Dukhi Yadav Son Of Rambriksh Yadav R/O Village- Kerwa, Ward No.2, Gangaur, P.S.- Saharghat, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P No.2.

2. The petitioner seeks bail in connection with Benipatti P.S. Case No. 93/2023, registered under Sections 302, 201 and 34 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Benipatti.

3. In compliance of the order dated 29.02.2024, a report with regard to the stage of the trial has been received from the court of learned Additional District and Sessions Judge-III, Madhubani, contained in letter no. 114/2024 dated 15.03.2024, wherein it has been stated that altogether 4 prosecution witnesses have been examined and 5 witnesses still remains to be examined.

Patna High Court CR. MISC. No.78305 of 2023(4) dt.19-04-2024 2/2

4. The learned counsel appearing on behalf of the O.P No.2 submits that the report is dated 15.03.2024 but he has instruction to make submission that as of date, out of 9 prosecution witnesses 6 witnesses have been examined and only 3 witnesses remains to be examined. The said submission of the learned counsel for the O.P No.2 is not disputed by the learned counsel for the petitioner.

5. Since the trial is on the verge of completion as such the court is not inclined to entertain the instant application, as such, the regular bail application of the petitioner is rejected.

6. However, the learned trial court is directed to expedite the trial and to ensure that the trial is concluded within a period of six months from the date of receipt/production of a copy of this order.

(Satyavrat Verma, J) amit/- U T