Amirak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82714 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== AMIRAK YADAV Son of Late Gopal Yadav Resident of Village - Sakardas Nawada, P.S.- Wazirganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Wajirganj P.S. Case No. 157 of 2019 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 302 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons misbehaving and assaulting with the female members and on protest, the uncle of the informant was assaulted by them due to which he sustained head injury and later died.

Patna High Court CR. MISC. No.82714 of 2019(4) dt.04-06-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Altogether 20 persons are named in the F.I.R.. The alleged occurrence is said to have taken place in a spur of moment. There was a dispute in respect of construction of Nali.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner and other coaccused namely Tripit Yadav are said to have given axe blow on the head. The post-mortem report also supports the allegation made in the F.I.R.

Considering the same, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take necessary steps to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order. . (Sudhir Singh, J) Pankaj/- U T