← Library
Patna High CourtCR. MISC./19841/2016dismissed

Adhik Yadav v. The State Of Bihar

2016-08-04Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.19841 of 2016 (5) dt.04-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19841 of 2016 Arising Out of PS.Case No. -121 Year- 2012 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Adhik Yadav Son of Bansgi Yadav Resident of Village- Ofapur, P.S.- Lakhisarai, District- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kumar, Advocate For the Opposite Party : Mr. Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Sessions Trial No.213 of 2013 arising out of Lakhisarai (Kabaiya) P.S.Case No.121 of 2012 pending in the Court of Additional Sessions Judge-Lakhisarai registered for an offence under Sections 302, 201, 120B, 379 and 411 of the IPC. The earlier bail application of the petitioner was rejected by this Court vide Cr.Misc.No.848 of 2013 dated 12.03.2013. This is the second attempt for bail on behalf of the petitioner.

A report was called for from the trial Court regarding the stage of the case, which is kept at flag-'A'. It has been reported

Patna High Court Cr.Misc. No.19841 of 2016 (5) dt.04-08-2016 that out of nine prosecution witnesses four witnesses have already been examined and only five witnesses are yet to be examined in the present case on behalf of the prosecution. Petitioner is in custody since 18.04.2012.

Considering the aforesaid facts and circumstances, I am not inclined to release the above named petitioner on bail, the same is rejected.

Anyhow, the trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

The Superintendent of Police, Lakhisarai is directed to ensure the production of the prosecution witnesses on the date fixed by the trial Court.

Let a copy of this order be communicated to the Superintendent of Police, Lakhisarai.

(Sudhir Singh, J) B.Kr./- U T