Patna High CourtCR. MISC./43724/2016rejected

Dharma Yadav @ Dharmendra Yadav v. The State Of Bihar

2016-11-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43724 of 2016 Arising Out of PS.Case No. -52 Year- 2012 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Dharma Yadav @ Dharmendra Yadav Son of Kari Yadav resident of Village Dhabauli, P.S. Muffasil, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to be main assailant and he does have criminal antecedent of near about nine cases. However, it appears that a co-ordinate Bench of this court while rejecting the bail prayer of co-accused, Lalo Sahni @ Lal Babu Sahni vide order dated 03.02.2016 passed in Cr. Misc. No. 48953 of 2015 directed the trial court to conclude the trial of aforesaid co-accused within one year and trial court has reported that three witnesses

Patna High Court Cr.Misc. No.43724 of 2016 (4) dt.16-11-2016 2/2 have already been examined and to procure the attendance of remaining prosecution witnesses, processes have already been issued and so far as direction given by another Bench of this court for conclusion of trial of co-accused, Lalo Sahni @ Lal Babu Sahni is concerned, the trial court is taking effective steps to conclude the trial till 03.02.2017.

Considering the aforesaid facts and circumstances as well as report of learned trial court, again, I am not inclined to release him on bail and hence, his prayer for bail in connection with Sessions Trial No. 117 of 2013 arising out of Muffassil (Begusarai) P.S. Case No. 52 of 2012 pending in the court of Additional Sessions Judge-VI, Begusarai stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/- U T