Mithilesh Yadav @ Mithilesh Kumar @ Mithilesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83109 of 2023 Arising Out of PS. Case No.-238 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Mithilesh Yadav @ Mithilesh Kumar @ Mithilesh Kumar Yadav Son Of Madhusudan Yadav Resident Of Village - Paigambarpur, P.S. - Teghra, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 238 of 2019, lodged on 17.06.2019 under Sections 302, 304(B), 120(B) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected thrice vide orders dated 02.02.2021, 11.10.2022 and 22.09.2023 passed in Cr. Misc. Nos. 28036 of 2020, 6529 of 2022 and 52244 of 2023 respectively. Counsel further submits that no purpose shall be solved till the petitioner is in custody. Trial has already going on after framing of charge.
4. Report has been called for vide order no.2 dated
Patna High Court CR. MISC. No.83109 of 2023(3) dt.09-02-2024 2/2 22.12.2023 and it transpires from the said report that only one witness is yet to be examined and trial court has demanded three months time for conclusion of trial.
5. Learned counsel for the petitioner submits that the petitioner is in custody since 01.09.2019.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that major witnesses have been examined.
7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
8. Accordingly, the prayer for regular bail of the petitioner in connection with Teghra P.S. Case No. 238 of 2019, pending before the learned Additional Sessions Judge-II, Begusarai is hereby rejected.
(Dr. Anshuman, J.) Divyansh/- U T