Bilash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.52255 of 2015 (4) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52255 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -SONBERSA District- SAHARSA ======================================================

1. Bilash Yadav, son of Late Narayan Yadav, resident of Village- Manauri, P.S.- Sonbarsa Raj, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

Superintendent of Police, Saharsa is physically present in pursuance of order dated 27.07.2016 with a show-cause. Although, all the prosecution witnesses have already been examined but there happens to be slackness at the end of Superintendent of Police in getting the order down loaded at appropriate stage.

On account of non functioning of the aforesaid exercise at the end of office of Superintendent of Police, Saharsa, the order dated 28.04.2015 passed at an earlier occasion with regard to Cr.Misc. No. 45688/2014 along with Cr.Misc.No. 46280/2014 could not be complied with within the stipulated time. Be that as it may, as all the prosecution witnesses have

Patna High Court Cr.Misc. No.52255 of 2015 (4) dt.08-08-2016 already been examined, I do not see it a fit case for grant of bail. As such, prayer for bail is rejected.

Simultaneously, the learned lower court is directed to proceed with the trial on day-to-day basis and conclude the same by 31st of August 2016 and submit a report to this effect. Office to comply.

It has been submitted on behalf of petitioner that mother of petitioner has died. That being so, petitioner is well advised to pray before learned lower court who will pass an appropriate order in accordance with law.

Show-cause on behalf of Superintendent of Police, Saharsa is accepted with a warning that he should streamline his office so that, there should not be recurrence of such kind of lapses in future. Personal appearance of Superintendent of Police, Saharsa is dispensed with.

(Aditya Kumar Trivedi, J) perwez U T