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Patna High CourtCR. MISC./47737/2015rejected

Jai Narain Yadav v. The State Of Bihar

2016-02-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47737 of 2015 Arising Out of PS.Case No. -257 Year- 2012 Thana -JOGAPATTI District- WEST CHAMPARAN (BETTIAH) ====================================================== Jai Narain Yadav S/o late Singhashan Yadav, Resident of VillageChaumukha, P.S. Jogapatti P.S. Jogapatti, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajnish Ranjan, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The trial court has reported that only four prosecution witnesses could be examined in this case and in spite of issuance of processes, the remaining prosecution witnesses could not be examined. The trial court has sought six months more time to conclude the trial of the petitioner.

In view of the aforesaid report of the learned trial court, I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with Sessions Trial No. 577 of 2013, arising out of Yogapatti P.S. Case No. 257/2012, pending in the court of the learned Ad hoc Addl. Sessions Judge IV, Bettiah, West Champaran, is again rejected.

Patna High Court Cr.Misc. No.47737 of 2015 (3) dt.03-02-2016 2/2 Let a copy of this order be sent to the Superintendent of Police, Bettiah, West Champaran with a direction to him to ensure the presence of the prosecution witnesses before the trial court within a reasonable period of time and the trial court is directed to expedite the trial of the petitioner and try to conclude the same within the period as fixed by the trial court itself. The trial court may proceed with the trial even by taking the trial of the petitioner on day-to-day basis.

(Hemant Kumar Srivastava, J) Dilip/- U T