D.P. Yadav @ Devendra Prasad Yadav @ ... vs The State Of Bihar on 5 February, 2025

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Patna High Court - Orders

D.P. Yadav @ Devendra Prasad Yadav @ ... vs The State Of Bihar on 5 February, 2025

Bench: Anshuman

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76621 of 2024
                        Arising Out of PS. Case No.-467 Year-2020 Thana- KHAIRA District- Jamui
                 ======================================================
                 D.P. Yadav @ Devendra Prasad Yadav @ Devendra Yadav Son of Late
                 Sukhdeo Yadav Resident of Vill- Darima khaira, P.S.- Khaira, District- Jamui
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindhyachal Singh, Sr. Advocate
                                                  Mr. Akash Raj, Advocate
                                                  Mr. Durgesh Kumar Shukla, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
3   05-02-2025

Heard Learned Senior Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.20 of 2024 arising out of Khaira P.S. Case No. 467 of 2020 lodged on 02.11.2020, for the offences punishable under Sections 147, 148, 149, 323, 376, 511, 379, 302, 120(B)of the Indian Penal Code read with section 27 of the Arms Act.

3. Learned Senior Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 22.02.2024 passed in Cr. Misc. No. 11094 of 2024. Senior Counsel further submits that petitioner is in custody since 12.07.2023. Senior Counsel submits that on earlier occasion, report about the present stage of the case has been called for, and from the said report, it transpires that out of 14 prosecution witnesses, only three prosecution witnesses have been examined.

Patna High Court CR. MISC. No.76621 of 2024(3) dt.05-02-2025 2/2

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner to make gun shot on the left side of chest of the deceased.

5. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

6. Superintendent of Police, Jamui is directed to do the needful and specifically instruct the concerned S.H.O./I.O. of this case to produce prosecution witnesses before the Trial Court in connection with Sessions Trial No.20 of 2024 arising out of Khaira P.S. Case No. 467 of 2020 for adducing evidence so that speedy trial may be made.

7. Registry is directed to transmit a copy of this order to the Superintendent of Police, Jamui through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, Jamui at his level.

(Dr. Anshuman, J) Divyansh/-

U      T

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Patna High Court - Orders