Birendra Yadav @ Ranjit Yadav @ Ranjit Kumar @ Ranjit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5326 of 2022 Arising Out of PS. Case No.-146 Year-2017 Thana- SIRDALA District- Nawada ====================================================== Birendra Yadav @ Ranjit Yadav @ Ranjit Kumar @ Ranjit Son of Late Lachhu Yadav Resident of Village - Kathautiya Kewal, P.s.- Fatehpur, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arshad Jameel Hashmi, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

On perusal of the report of the learned trial court, it is noticed that the case is fixed for the statement under Section 313 Cr.P.C. The Learned trial court has given to understand that the trial of the case may be concluded within the shortest possible time if the learned counsel for the defence co-operates in course of trial.

In the given facts and circumstances, considering the stage at which the trial is standing, this Court is not inclined to direct release of the petitioner on bail. If the statement of the accused has not been recorded so far, on the next date the learned trial court shall record the statement of the accused under Section 313 Cr.P.C. and thereafter, the Court shall give

Patna High Court CR. MISC. No.5326 of 2022(3) dt.21-09-2022 2/2 appropriate opportunity to the defence to produce their respective evidences. The defence must co-operate in course of trial.

This Court would expect that the learned trial court shall keep the records of the case on day-to-day basis and all endeavours shall be made to conclude the trial itself within a period of four months from the date of communication of this order. This expectation is based on the fact that the petitioner has already remained in custody for a little above 5 years and it is high time for the learned trial court to conclude the trial. If the trial still remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail. (Rajeev Ranjan Prasad, J) lekhi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.