Bishundeo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.14499 of 2017 (2) dt.10-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14499 of 2017 Arising Out of PS.Case No. -184 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Bishundeo Yadav Son of Daro Yadav Resident of Village-Manjhiyani P.S. Khaira District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10.05.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Trial court has mentioned in the impugned order that almost all prosecution witnesses have already been examined except one I.O who could not be examined due to his illness. The first information report goes to show that detonator, rifle etc were recovered from the house of the petitioner. Therefore, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Khaira P.S. Case no. 184/2015 pending in the court of the Chief Judicial Magistrate, Jamui stands rejected.

However, it is made clear that if the concerned I.O is not examined by the prosecution within three months from the date of receipt/production of a copy of this order, petitioner may approach this court to renew his prayer for bail.

shahid (Hemant Kumar Srivastava,J) U T