Patna High CourtCR. MISC./23271/2015rejected

Binod Yadav @ Vinod Yadav v. The State Of Bihar

2015-11-04Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.23271 of 2015 (3) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23271 of 2015 Arising Out of PS.Case No. -85 Year- 2007 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Binod Yadav @ Vinod Yadav Son of Rajbansh Singh @ Rajbansh Yadav Resident of Mohalla - Bhabua Ward No. 20, P.S. Bhabua, District - Kaimur ( Bhabua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitya Nand Tiwary For the Opposite Party/s Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.11.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner is said to be the main assailant and his prayer for bail was twice rejected by this court. However, this court had directed the trial court to expedite the trial of the petitioner but as per report of the learned trial court out of nine proposed prosecution witnesses only two prosecution witnesses could be examined. Report of the trial court was sent in the month of June, 2015.

Learned counsel appearing for the informant submits that up till now, seven prosecution witnesses have already been examined and the case is pending for examination of I.O and the doctor. In the aforesaid circumstances, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with

Patna High Court Cr.Misc. No.23271 of 2015 (3) dt.04-11-2015 Sessions Trial no. 448 of 2010/ 3314 of 2014 arising out of Bhabua P.S. Case no. 85/2007 is, again, rejected.

However, the learned trial court is directed to conclude the trial of the petitioner within three months from the date of receipt of this order.

Let a copy of this order be sent to Superintendent of Police, Kaimur at Bhabua with direction to him to ensure presence of concerned I.O and doctor before Addl. Sessions Judge III, Kaimur at Bhabua within one month from the date of receipt/production of a copy of this order, failing which matter shall be viewed seriously. shahid (Hemant Kumar Srivastava,J) U T