Disposed

Prabhas Chandra Yadav @ Prabhas Yadav v. The State of Bihar

Patna HC23 Mar 2022CR. MISC./5133/2022

Case brief

AI extract

What is this about?

In a bail petition arising from offences under Sections 149, 342, 323, 504, 307, 302 and 34 IPC, the Court declined to grant bail as the trial is ongoing with only the I.O. yet to be examined. However, it directed the Trial Court to conclude the trial within three months. If delayed, the petitioner can seek bail, obliging the Trial Court to justify the delay. The petition was disposed of.

What did the court decide?

Direction to Trial Court to conclude trial within three; liberty to approach Trial Court for bail if delayed.

Prabhas Chandra Yadav @ Prabhas Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5133 of 2022

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Arising Out of PS. Case No.-466 Year-2018 Thana- BAHADURPUR District- Darbhanga

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======================================================

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PRABHAS CHANDRA YADAV @ PRABHAS YADAV Son of Gartu Yadav Resident of Village - Taralahi, P.s.- Bahadurpur, Distt.- Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr.Ram Sumiran Rai For the informant : Mr. Saket Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 23-03-2022

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Heard the learned counsel for the petitioner and

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the learned APP for the State.

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The petitioner seeks bail in connection with

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Sessions Trial No. 54 of 2019 arising out of Bahadurpur P.S. Case No. 466 of 2018 instituted for the offences under Sections 149, 342, 323, 504, 307, 302 and 34 of the Indian Penal Code.

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The prayer for bail of the petitioner was earlier

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twice rejected vide orders dated 16.11.2019 and 08.01.2021 passed in Cr. Misc. No. 50380 of 2019 and 23558 of 2020 respectively.

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This Court had called for a report about the

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Patna High Court CR. MISC. No.5133 of 2022(3) dt.23-03-2022 2/2

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stage of the case from the court below vide order dated 09.02.222. The report which has since been received indicates that all the witnesses have been examined except the I.O. of this case, who is likely to be examined in a short while.

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With the current stage of trial proceedings, I am not inclined to grant bail to the petitioner during the pendency of the Trial.

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However, the Trial Court is directed to conclude the trial within a period of three months from the date of receipt / production of a copy of this order, failing which the petitioner shall have the liberty to approach the Trial Court for grant of bail and in that event the Trial Court would be under an obligation to record the reasons for the tardy progress of trial.

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The petition stands disposed of accordingly

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(Ashutosh Kumar, J)

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sunilkumar/-

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U T

Prabhas Chandra Yadav @ Prabhas Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhas Chandra Yadav @ Prabhas Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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