Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87581 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Chandan Yadav S/O Prayag Yadav Resident of Village- Jungal Tola, P.S.- Rupauli (Mohanpur) District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 31 of 2024 arising out of Rupauli (Mohanpur) P.S. Case No. 125 of 2023 instituted for the offences under Sections 302, 386, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. Accusation against the accused persons including the petitioner is of assaulting as also firing upon the informant's brother due to which he died.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.87581 of 2024(4) dt.23-04-2025 2/3 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the specific allegation of firing is attributed to co-accused Nawal Yadav. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2023 and has eleven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. As per the report dated 29.03.2025 sent by the learned court below, charge has been framed against 8 accused persons including this petitioner on 02.04.2024. It is further reported that out of nine charge-sheeted witnesses, six have been examined and the trial is likely to be concluded within next six months.

7. Considering the aforesaid facts and circumstances of the case as also the present stage of trial as per the report sent by the learned court below, this Court is not inclined to grant bail to the petitioner at this stage.

8. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

9. Learned Trial Court is directed to expedite the trial and conclude the same preferably within four months.

Patna High Court CR. MISC. No.87581 of 2024(4) dt.23-04-2025 3/3

10. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of four months from today. If any such application is filed before the learned court below, the court concerned shall consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T