Patna High CourtCR. MISC./72271/2023bail rejected

Deep Narayan Yadav v. The State Of Bihar

2023-12-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72271 of 2023 Arising Out of PS. Case No.-368 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== Deep Narayan Yadav Son Of Kokay Yadav R/O Village- Dumariya (Basantpur), P.S.- Kumarkhand, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Akhter Hussain, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Murliganj P.S. Case No. 368 of 2020 registered under sections 307, 341, 323, 379 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with others are said to have resorted to indiscriminate firing, resulting in gunshot injury having been sustained by the son of the informant and leading to his death.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 21.12.2021 (Annexure-1) passed in Cr. Misc. No. 33561 of 2021. Inspite of the petitioner having remained in custody since 9.2.2021, the trial has still not concluded and

Patna High Court CR. MISC. No.72271 of 2023(3) dt.08-12-2023 2/2 there is no chance of the same concluding in the near future.

5. Heard learned A.P.P. for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 23.11.2023 from the I/C Additional Sessions Judge III, Madhepura, the case is running for argument of defence.

7. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. together with the trial having reached near its conclusion in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is dismissed. (Partha Sarthy, J) ashishkr/- U T