Mithilesh Yadav @ Mithlish Yadav @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58407 of 2021 Arising Out of PS. Case No.-70 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== MITHILESH YADAV @ MITHLISH YADAV @ MITHLESH YADAV Son of Nand Kishore Yadav Resident of Village - Darauli, P.S.- Balia, District - Begusarai, At Present resident of Village - Nauranga, P.S.- Chautham, District - Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Viveka Nand Singh For the Opposite Party :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the parties.

This application for grant of regular bail in connection with Sessions Trial No. 219 of 2019 arises out of Chautham P.S. Case No. 70 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 302, 379 and 34 of the Indian Penal Code.

The petitioner's prayer for regular bail was earlier rejected twice by this Court. The petitioner is in custody since 27.03.2019.

Learned counsel appearing on behalf of the petitioner has drawn my attention to an order of this Court dated 07.11.2019 passed in Cr. Misc. No. 64202 of 2019, whereby coaccused Nand Kishore Yadav has been allowed regular bail. He submits that there has been no substantial progress at the trial so

Patna High Court CR. MISC. No.58407 of 2021(3) dt.22-12-2021 2/2 far.

A report was called for from the Court below as regards present stage of the trial, which has been received from which it appears that three witnesses have been examined and summonses/bailable warrants of arrest have been issued to other witnesses. The report further mentions that the trial is likely to be concluded within six months with the cooperation of both the sides.

Considering the report of the Additional Sessions Judge-V, Khagaria, I am not inclined to allow the petitioner's prayer for regular bail for the present.

This application is accordingly rejected.

The Court below is directed to ensure that the trial is expedited. If within six months, the trial is not concluded, the petitioner shall acquire a right to renew his prayer for grant of regular bail.

(Chakradhari Sharan Singh, J) Pawan/- U T