Patna High CourtCR. MISC./19534/2017dismissed

Bhim Yadav v. The State Of Bihar

2017-05-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19534 of 2017 Arising Out of PS.Case No. -1 Year- 2016 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Bhim Yadav Son of Ram Chandra Yadav, resident of village - Birpur, Police Station - Madhepur, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.

This application is for grant of regular bail in connection with S.T.No.460 of 2016 arising out of Madhepura P.S.Case No.01 of 2016, for the offences under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is named in the F.I.R. and the allegation is that after firing, he was seen fleeing from the place of occurrence along with other co-accused persons.

It is submitted on behalf of the petitioner that the whole case is false and concocted and he has been falsely implicated in this case only because of the fact that he has criminal antecedent. He has remained in custody for about ten months. The petitioner is accused in 12 other cases also.

Patna High Court Cr.Misc. No.19534 of 2017 (2) dt.04-05-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and from perusal of the impugned order itself, it appears that the learned Addl. P.P. has assured that he will produce witnesses from the next date and the learned trial court will try to conclude the case as soon as possible. Considering the aforesaid facts, the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of seven months, and if not concluded, the petitioner is at liberty to renew his prayer for bail before the learned court below, who will pass appropriate order on the basis of materials available at that time before him. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U