Bachan Yadav @ Bechan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.40656 of 2014 (6) dt.01-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40656 of 2014 Arising Out of PS.Case No. -215 Year- 2012 Thana -BARHARA District- PURNIA ====================================================== Bachan Yadav @ Bechan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 01.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The trial court has reported that up till now eight prosecution witnesses have already been examined and to procure the attendance of remaining prosecution witnesses, processes have already been issued and the case is pending for recording the evidences of remaining prosecution witnesses.

From perusal of report of the trial court, I find that trial of the petitioner is in full swing. Therefore, I do not feel it proper to grant privilege of bail to the petitioner and accordingly, his prayer for bail in connection with Sessions trial no. 433/2013 arising out of Barhara P.S. case no.215/2012 pending in the court of Addl. Sessions Judge Icum- Special Judge, Purnea is, again, rejected. However, trial court is directed to conclude the trial of the petitioner within nine months from the date of receipt/production of a copy of this order, failing which the petitioner shall be entitled to

Patna High Court Cr.Misc. No.40656 of 2014 (6) dt.01-04-2015 renew his prayer for bail before trial court itself. Let a copy of this order be sent to Superintendent of Police, Purnea with direction to him to ensure presence of remaining prosecution witnesses of Sessions trial no. 433/2013 arising out of Barhara P.S. case no.215/2012 before Addl. Sessions Judge I-cumSpecial Judge, Purnea within four months from the date of receipt/production of a copy of this order.

It is made clear that any failure on the part of Superintendent of Police, Purnea shall be viewed seriously. shahid (Hemant Kumar Srivastava,J) U T