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Patna High CourtCR. MISC./21542/2016rejected

Balwant Yadav v. The State Of Bihar

2016-05-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21542 of 2016 Arising Out of PS.Case No. -9 Year- 2008 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Balwant Yadav son of Bhuneshwar Yadav, resident of village- Choudharna, P.S.- Adhoura, District- Kaimur at Bhabhua.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ashraf Ansari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Adhoura P. S. Case No. 09 of 2008, G. R. No. 675 of 2008 registered under Section 364/34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 08.04.2015 passed in Cr. Misc. No. 16999 of 2013.

It is contended that though the petitioner is in custody since 16.01.2013, the case has yet not been committed to the court of sessions for trial.

Be that as it may, regard being had to the reasons

Patna High Court Cr.Misc. No.21542 of 2016 (2) dt.19-05-2016 2/2 assigned in the aforesaid order dated 08.04.2015, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application is rejected.

Learned Chief Judicial Magistrate, Kaimur at Bhabua is directed to commit the case of the petitioner for trial forthwith. Learned Sessions Judge, Kaimur at Bhabua is directed to ensure that after commitment of the case, the trial of the petitioner is disposed of expeditiously. In case, the trial is not concluded within nine months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail.

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