Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70736 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== Yogendra Sah, S/O- Late Basudev Sah R/o Vill- Bela Chand, P.S.- Banmankhi, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Amresh Kumar Sinha, Adv.

Ms. Preety Kunwar, Adv.

For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in Banmankhi P.S. Case no.52/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.

Earlier also, petitioner has moved this Court for grant of regular bail which was rejected vide order dated 18.09.2018 with liberty to renew his prayer for bail after completion of one year in jail custody.

Informant has alleged in his written complaint that while he and his family members were cleaning their land, FIR named accused including petitioner came there armed with

Patna High Court CR. MISC. No.70736 of 2019(6) dt.05-03-2021 2/2 various weapons and started assaulting them. Allegation against the petitioner is assaulting with iron rod on the head of informant, as a result of which, he became unconscious and was shifted to hospital where he died after 21 days during the treatment. Learned counsel for the petitioner submitted that he has been falsely implicated due to land dispute and all family members have made accused in this case. A report was called for from the trial court in which it has been stated that except I.O. and doctor all other thirteen witnesses have been examined.

Since the trial is on the verge of completion, I am not inclined to grant bail to the petitioner at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, the trial court is directed to conclude the trial within six months and if within six months trial is not concluded petitioner is at liberty to renew his application for regular bail.

(S. Kumar, J) Prakash Narayan /- U T