Mithilesh Yadav @ Gurchun Yadav v. The State of Bihar
CR. MISC./68124/2024 · 2025-01-23
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73672 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73672 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68124 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- KUSHESHWARASTHAN District- Darbhanga ====================================================== Mithilesh Yadav @ Gurchun Yadav S/O Yogendra Yadav Resident of village- kodara(Kodra), P.S- kusheshwar Sthan, District- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rashmi Jha, Advocate For the State : Mr. Shyam Kumar Singh, APP For the Informant : Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 23-01-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.
2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 09.11.2023 in Cr. Misc. No. 72671 of 2023.
3. The petitioner seeks bail in connection with Kusheshwar Asthan P.S. Case No. 207 of 2022 registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
4. As per the prosecution case, the dead body of the deceased was recovered. Subsequently during investigation it has come that the petitioner was found riding the motorcycle with the deceased and thereafter the deceased was killed.
Patna High Court CR. MISC. No.68124 of 2024(3) dt.23-01-2025 2/2
5. It has been argued by learned counsel for the petitioner that in the trial, the witnesses are not supporting the prosecution case.
6. Learned counsel for the informant submits that the prosecution is regularly examining the witnesses.
7. Considering the fact that the trial is going on and also considering the judgment of the Hon’ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539, this application is dismissed.
8. The Court below is directed to expedite the trial.
P. Kumar (Sandeep Kumar, J) U T