Nakul Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44075 of 2015 Arising Out of PS.Case No. -44 Year- 2002 Thana -ROH District- NAWADA ======================================================

1. Nakul Yadav, son of late Balkishun Yadav,

2. Bhim Yadav, son of late Balkishun Yadav, both resident of villageHarsitpur, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithlesh Prasad Singh, Advocate For the Opposite Party/s : Mr. Subhash Chandra Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5/ 22-06-2016 The Petitioners seek bail in Roh P.S. Case No.44 of 2002 giving rise to Sessions Trial No.170 of 2014 instituted under Section 302 and other allied Sections of the Indian Penal Code pending before the 1st Additional Sessions Judge, Nawada. Prayer of the Petitioners for bail was earlier rejected by this Court.

Perused the Counter Affidavit filed on behalf of the Superintendent of Police, Nawada, who has reported that two witnesses were produced in the Court on a certain date but they could not be examined due to non-availability of the Case Diary. This indicates that the prosecution is taking adequate steps to ensure production of the witnesses.

In view of such, I do not find any reason to review

Patna High Court Cr.Misc. No.44075 of 2015 (5) dt.22-06-2016 2/2 the earlier order refusing bail to the Petitioners. Prayer is once again rejected with direction to the Trial Court to conclude the trial expeditiously and take strict steps to ensure production of witnesses.

(Anjana Prakash, J) JA/- U T