Patna High CourtCR. MISC./53185/2015dismissed

Garib Yadav v. The State Of Bihar

2017-03-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53185 of 2015 Arising Out of PS.Case No. -78 Year- 2013 Thana -SHAMBHUGANJ District- BANKA =========================================================== Garib Yadav Son of Late Bisan Yadav, Resident of village- Kaitha Yadav Tola P.S.- Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Choudhary, Mr. Nagender Kumar and Mr. Kulanand Jha, Advocates For the State :

Mr. S. N. Shukla, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-03-2017 Heard learned counsel for the parties.

The petitioner seeks bail in Shambhuganj P.S. Case No. 78 of 2013 dated 16.05.2013 instituted under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 11.08.2014 passed in Cr. Misc. No. 13197 of 2014, by which the Court had directed the Court below to expedite the trial and conclude the same within six months. The same having not been done, the present application has been filed.

Earlier a report was called from the trial Court and the same has been received from the Additional Sessions Judge, Ist,

Patna High Court Cr.Misc. No.53185 of 2015 dt.15-03-2017 2/2 Banka dated 23.09.2016, in which it has been stated that 10 witnesses have been examined and within three months, the case was likely to be concluded.

In view of the aforesaid, the Court is not inclined to consider the prayer for bail.

Accordingly, the application stands dismissed. However, the Court below is directed to conclude the trial, if already not concluded, by 30th April, 2017 positively. Registry shall communicate the order to the Court below through Fax also latest by tomorrow.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T