Patna High CourtCR. MISC./22404/2014rejected

Rajesh Yadav v. The State Of Bihar

2015-09-23Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22404 of 2014 Arising Out of PS.Case No. -49 Year- 2011 Thana -CHANDAR District- BANKA ======================================================

1. Rajesh Yadav S/o Sri Arjun Yadav Resident of Village Phatehpur, P.S. Simultalla, District Jamui .... Petitioner

Versus

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

For the Petitioner : Mr. Prakash Mahto, Adv. For the Opposite Party : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-09-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 395 and 397 of the Penal Code. There is allegation that the petitioner shot the informant while snatching the motorcycle causing injury on the right palm and the petitioner has got criminal antecedent. A report has been received from the Presiding Officer of the Court where the case is pending and it has been reported that after the marathon attempts and exercise the petitioner could be produced before the Court on 03.07.2015 and charge has been framed on 24.07.2015 and the case has been fixed for evidence and the summons have been issued. It has been reported that the case shall tried expeditiously for it's disposal till 31. 03.2016. Hence, in view of the report, I am not inclined to grant bail to the petitioner.

The prayer for bail is rejected.

However, the trial Court is directed to take coercive steps against the witnesses by issuing processes though the Superintendent of Police, Banka, with a direction to him to ensure the service report and explanation report of the processes and the production of the witnesses on the date fixed so that the trial be concluded within time stipulated.

Let a copy of this order be sent to the trial Court as

Patna High Court Cr.Misc. No.22404 of 2014 (5) dt.23-09-2015 well as the Superintendent of Police, Banka, and the Superintendent, District Jail, Banka, who is directed to produce the accused on each and every date, fixed in the case, and will not allow the accused to go out of the district till the disposal of the case.

(Gopal Prasad, J) SA/- U √ T √