Sachhidanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14135 of 2015 Arising Out of PS.Case No. -778 Year- 2013 Thana -MADHEPURA District- MADHEPURA ====================================================== Sachhidanand Yadav S/o Rameshwar Yadav, R/o Village Dhurgaon, Bakhari, P.S. Madhepura (Bharrahi), District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Anil Kumar,APP For the Informant : Mr. Shailedra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-05-2015 Heard the parties including the learned counsel appearing on behalf of the informant.

The petitioner seeks bail in a criminal prosecution originally registered under Sections 384, 504, 506/120B of the Indian Penal Code in which subsequently offences under Section 385 and 386 of the Indian Penal Code were also added. When the matter was taken up for consideration on merits, an affidavit is being filed on behalf of the informant stating therein that the trial of the petitioner has been taken up and as many as 9 prosecution witnesses have already been examined, cross-examined and have been discharged. It has further been pointed out that co-accused Deepak Kumar Yadav and Subodh Yadav have already been convicted by the learned court below. Admittedly, the petitioner is named in the F.I.R., vide Annexure-1, as an accused and there is allegation against him for commission of crime in question. As per statements made in paragraph-3 of the bail petition the petitioner is accused in two other criminal cases.

Taking into consideration the aforesaid aspects

Patna High Court Cr.Misc. No.14135 of 2015 (3) dt.27-05-2015 2/2 particularly the averments made in the affidavit filed on behalf of the informant, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail in connection with Madhepura P.S. Case No. 778 of 2013, pending in the court of learned Chief Judicial Magistrate, Madhepura, and it is rejected for the present.

Learned trial court is hereby directed to make all endeavours to conclude the trial of the petitioner at an early date preferably within a maximum period of six months from today. However, if the trial of the petitioner is not concluded within the aforesaid period, then he shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) BTiwary/- U T