Ajju @ Ajay Kumar Yadav @ Ajay Kumar @ Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73545 of 2024 Arising Out of PS. Case No.-137 Year-2012 Thana- KHAJEKALA District- Patna ====================================================== Ajju @ Ajay Kumar Yadav @ Ajay Kumar @ Ajay Yadav S/O Rameshwar Yadav R/O Mohalla- Mithan Ghat Padri ki Haweli Buxi Mohalla P.SKhajekala, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 898 of 2022 arising out of Khajekalan P.S. Case No. 137 of 2012 (G.R. No. 1698 of 2012) instituted for the offences under Sections 341/323/302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the second attempt of the petitioner for bail. The petitioner had earlier moved before this Court with a prayer for bail and the same was rejected vide order dated 26.02.2024 passed in Cr. Misc. No. 6051 of 2023 with a liberty that if the trial is not concluded within a period of six
Patna High Court CR. MISC. No.73545 of 2024(3) dt.22-11-2024 2/3 months, the petitioner will be at liberty to renew his prayer for bail before this Court.
4. Pursuant to the earlier order of this Court dated 04.10.2024, the learned Additional District & Sessions JudgeVI, Patna City has sent its report dated 28.10.2024 to this Court, which is kept at Flag-R.
5. From perusal of the aforesaid report, it appears that there are 12 charge-sheet witnesses mentioned in the charge-sheet but, not a single witness has been produced as yet and the trial is pending for evidence.
6. After considering the submission made on behalf of the petitioner, this Court does not find any fresh ground to revisit the matter which is already decided on merit.
7. Accordingly, the prayer for bail of the petitioner is hereby again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously.
8. The District Magistrate, Patna and the Superintendent of Police, Patna are also directed to ensure the presence of the witnesses during trial as and when required by the court below.
Patna High Court CR. MISC. No.73545 of 2024(3) dt.22-11-2024 3/3
9. Let a copy of this order be sent to the District Magistrate, Patna and the Superintendent of Police, Patna for the needful.
(Rudra Prakash Mishra, J) rishi/- U T