Dismissed¶20

Tufani Yadav @ Tufna Yadav @ Ramesh Yadav v. The State of Bihar

Bail – refusal

Patna HC3 Dec 2024CR. MISC./44226/2024

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Case brief

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What is this about?

Patna High Court bail refusal; Tufani Yadav @ Tufna Yadav @ Ramesh Yadav v. The State of Bihar; CRIMINAL MISCELLANEOUS No.44226 of 2024, order dt. 03-12-2024; Justice Rajesh Kumar Verma; S. 302 IPC and Sections 25(1-B)a, 26, 35, 27 Arms Act; Ismailpur P.S. Case No.90 of 2020 (FIR dt. 17.11.2020), Bhagalpur; S.T. No. 395 of 2022 before ADJ-I Naugachia; second bail application after rejection dt. 30.08.2023 in Cr. Misc. No. 47753 of 2023; custody since 20.12.2021; name surfaced via co-accused confession; 6 of 11 charge-sheet witnesses examined per Trial Court report dt. 14.11.2024; direction to expedite trial.

What did the court decide?

No relief to the petitioner: bail prayer refused; however, the learned Trial Court was directed to expedite the trial and conclude it at the earliest. ¶20

Tufani Yadav @ Tufna Yadav @ Ramesh Yadav Vs The… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

No relief to the petitioner: bail prayer refused; however, the learned Trial Court was directed to expedite the trial and conclude it at the earliest.

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Issue for consideration

Whether the petitioner, who is in judicial custody since 20.12.2021 and whose earlier bail prayer was rejected on 30.08.2023, should be enlarged on bail in Sessions Trial No. 395 of 2022 arising out of Ismailpur P.S. Case No. 90 of 2020.

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Court's answer

Considering the material ('acquisition') against the petitioner as well as the report of the trial Court, the Court is not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 395 of 2022 arising out of Ismailpur P.S. Case No. 90 of 2020.

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Ratio / Principle

The prayer for bail is refused.

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Key takeaways

The learned Trial Court is directed to expedite the trial and conclude the same at the earliest.ratio¶22

Detailed headnote1 paragraphs

Bail — refusal — Patna High Court, Criminal Miscellaneous No.44226 of 2024 (order dated 03-12-2024, Rajesh Kumar Verma, J). Petitioner, in custody since 20.12.2021, sought bail in Sessions Trial No. 395 of 2022 arising out of Ismailpur P.S. Case No.90 of 2020, FIR dated 17.11.2020, District Bhagalpur, for offences punishable under Section 302 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act. He contended he was not named in the FIR and his name transpired during investigation on the confessional statement of a co-accused; his earlier bail prayer had been rejected by order dated 30.08.2023 in Cr. Misc. No. 47753 of 2023. A report of the learned Trial Court dated 14.11.2024 (called by order dated 18.10.2024) showed six of eleven charge-sheet witnesses examined, the trial pending before the learned Additional District Judge, I, Naugachia. Considering the material against the petitioner and the trial Court's report, the Court declined bail, refused the prayer, and directed the learned Trial Court to expedite the trial and conclude it at the earliest.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44226 of 2024

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Arising Out of PS. Case No.-90 Year-2020 Thana- ISMAILPUR District- Bhagalpur

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

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Tufani Yadav @ Tufna Yadav @ Ramesh Yadav Son of Naigar Yadav @ Nengar Yadav @ Nagendra Yadav @ Nageshwar Yadav Resident of village - Chapar, Police Station - Gopalpur (Rangara), District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajnish Kumar Singh, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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5 03-12-2024

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Heard Mr. Rajnish Kumar Singh, learned counsel

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for the petitioner and Mrs. Sucheta Yadav, learned A.P.P. for the State.

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The petitioner seeks bail, who is in custody since 20.12.2021, in connection with Ismailpur P.S. Case No.90 of 2020, FIR dated 17.11.2020 for the offences punishable under Section 302 of the Indian Penal Code, Sections 25(1-B)a, 26, 35 and 27 of the Arms Act .

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Earlier the prayer for bail of the petitioner was rejected vide order dated 30.08.2023 passed in Cr. Misc. No. 47753 of 2023.

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Learned counsel for the petitioner outrightly submits that the petitioner is not named in the FIR, the name of

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Patna High Court CR. MISC. No.44226 of 2024(5) dt.03-12-2024 2/2

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the petitioner has been transpired during the investigation on the basis of the confessional statement of the co-accused person. The petitioner is rotting in judicial custody since 20.12.2021.

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Vide order dated 18.10.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 14.11.2024 reveals that out of eleven charge-sheet witnesses, six witnesses have already been examined.

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Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

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Considering the acquisition against the petitioner as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 395 of 2022 arising out of Ismailpur P.S. Case No. 90 of 2020, pending in the Court of learned Additional District Judge, I, Naugachia.

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Prayer is refused.

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However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

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(Rajesh Kumar Verma, J)

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ajay/-

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U T

Tufani Yadav @ Tufna Yadav @ Ramesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tufani Yadav @ Tufna Yadav @ Ramesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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