Surendra Prasad Yadav @ Surendra Prasad @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26551 of 2015 Arising Out of PS.Case No. -101 Year- 2013 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Surendra Prasad Yadav @ Surendra Prasad @ Surendra Yadav, S/o Chandrika Prasad, resdient of village- Medani Bigha, P.S.- Telhara, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No.412 of 2015 arising out of Telhara P.S. Case No. 101 of 2013 registered under sections 302 and 328 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court by order dated 15.10.2014 passed in Cr. Misc. No.36164 of 2014.

It has been contended that though the petitioner is in custody since 21.4.2014, but till date only two witnesses have been examined in course of trial.

Learned counsel for the State has opposed the prayer for

Patna High Court Cr.Misc. No.26551 of 2015 (2) dt.01-07-2015 2/2 bail. He has submitted that there is direct and specific allegation against the petitioner that he administered celphos (a highly poisonous substance) to the wife of the informant as a result of which she died.

Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected. The court below is directed to expedite the trial and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail.

(Ashwani Kumar Singh, J) Md.S./- U T