Bageshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.302 of 2020 Arising Out of PS. Case No.-286 Year-2017 Thana- BIHARIGANJ District- Madhepura ====================================================== Bageshwar Yadav Son of Late Bijendra Yadav, Resident of Village- Pakilpar, P.S.- Bihariganj, District- Madhepura.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.

The petitioner seeks bail in Bihariganj P.S. Case No.286 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for bail was rejected twice vide order dated 25.09.2018 passed in Cr.Misc.No.41982 of 2018 and order dated 14.08.2019 passed in Cr.Misc.No.44586 of 2019.

The allegation against the petitioner and other accused that he along with 15 other persons had brutally killed the husband of the informant Chhabilal Yadav. It is alleged that the informant begged to free her husband but the accused persons including the petitioner assaulted her husband indiscriminately,

Patna High Court CR. MISC. No.302 of 2020(3) dt.03-03-2020 2/2 on account of which he died.

Submission of learned counsel for the petitioner is that he is in custody since 30.01.2018 having no specific allegation of assault and there is no chance of trial to be concluded in near future.

Earlier by order dated 14.01.2020, a report regarding stage of the trial was called for from the court below, which has been received and kept at Flag-P. It appears from the report that all the witnesses except one Rekha Devi have been examined and for the attendance of Rekha Devi, bailable warrant has been issued.

Considering the fact that the trial is at the fag end, I am not inclined to enlarge the petitioner on bail. However, the trial court is directed to expedite the trial, so that the trial may be concluded within a period of four months from the date of receipt/production of a copy of this order.

(Vinod Kumar Sinha, J) nawalkrs/- U T