Vikki Kumar Yadav @ Vikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28272 of 2017 Arising Out of PS.Case No. -513 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Vikki Kumar Yadav @ Vikki Yadav, Son of Shyam Sunder Yadav, resident of Village- Dhata Toal, P.S.- Forbesganj, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.08.2016 in connection with Araria P.S. Case No. 513/2016, G.R. No. 2507/2016 registered for the offence under Sections 341, 323, 332, 353, 504 and 506 of the IPC.

The prosecution case, in brief, is that the informant, a police constable, was posted at the gate of Civil Court, Araria, and he, as per instruction, did not allow the petitioner with his vehicle inside the court. On this, the petitioner abused, assaulted and threatened him.

Earlier the bail application of the petitioner was rejected on 08.12.2016 vide Cr. Misc. No.50363 of 2016 taking into account that the place of occurrence was the Civil Court,

Patna High Court Cr.Misc. No.28272 of 2017 (4) dt.30-08-2017 2/2 Araria, and there were as many as 15 cases pending against the petitioner. A report was called for from the court below regarding the stage of the case. It has been reported by the court below that out of five prosecution witnesses, 02 witnesses have already been examined.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Araria P.S. Case No. 513/2016, G.R. No. 2507/2016, pending in the court of learned A.C.J.M. III, Araria. The court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate, Araria and the Superintendent of Police, Araria, are directed to ensure that the remaining prosecution witnesses are produced in the court below on the date fixed so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Araria and the Superintendent of Police, Araria.

U.K./- (Sudhir Singh, J) U