Chhabila Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3085 of 2017 Arising Out of PS.Case No. -48 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Chhabila Yadav, Son of Polo Yadav, resident of village - Salemabad, P.S. Sahebpur Kamal, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. The bail of the petitioner is sought on the ground that up till now, seven prosecution witnesses have been examined but they have not supported the prosecution case. The impugned order of learned Additional Sessions Judge goes to show that informant and other material witnesses are still to be examined. The informant has claimed herself to be eye witness of the alleged occurrence and she specifically stated that it was petitioner who shot fire on the deceased. Furthermore, it is evident from perusal

Patna High Court Cr.Misc. No.3085 of 2017 (2) dt.01-03-2017 2/2 of Annexure-1 series that taking note of the aforesaid allegation, this Court twice rejected the prayer of bail of the petitioner. Therefore, again this Court is not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 196 of 2016 arising out of Sahebpur Kamal P.S. Case No. 48 of 2015 pending in the court of 7th Additional Sessions Judge, Begusarai stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within six months from the date of receipt/production of copy of this order.

Let copy of this order be sent to Superintendent of Police, Begusarai with direction to him to ensure the presence of remaining prosecution witnesses of Sessions Trial No. 196 of 2016 arising out of Sahebpur Kamal P.S. Case No. 48 of 2015 before the concerned court without any delay. (Hemant Kumar Srivastava, J) SHAHZAD/- U T