Kedar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11124 of 2016 Arising Out of PS.Case No. -151 Year- 2000 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Kedar Yadav, son of Sri Rambalak Yadav, Resident of Mohalla Kabaujh, P.S. & District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gouranga Chatterjee For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-03-2016 Petitioner is permitted to make necessary correction in his petition within course of the day.

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 Section 302 and other minor sections of the Indian Penal Code and Section 27 of the Arms Act. Altogether ten persons were killed in the alleged occurrence which had taken place in the year 2000 and petitioner is named in the first information report with accusation that he along with several other named accused and unknown persons made indiscriminate firing causing death of aforesaid ten persons. Contention on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.11124 of 2016 (2) dt.10-03-2016 2/2 police submitted charge sheet in this case in piecemeal manner and as a matter of fact, when first charge sheet was submitted, the petitioner was not named in the charge sheet. Subsequently, charge sheet against the petitioner was submitted in the year 2006. It is further submitted by him that except the petitioner, several other accused faced trial and after full fledged trial, they were acquitted of the charges.

Regard being had to the aforesaid submissions as well as facts and circumstances of the case, in my view, it is not a fit case for grant of bail to petitioner and hence, his prayer for bail in connection with Sessions Trial No. 75 of 2016 arising out of Lakhisarai P.S. Case No. 151 of 2000 pending in the court of learned Sessions Judge, Lakhisarai stands rejected. However, the concerned court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T