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Patna High CourtCR. APP (SJ)/1620/2017disposed

Sukhdeo Yadav v. The State Of Bihar

2017-08-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1620 of 2017 Arising Out of PS.Case No. -11 Year- 2002 Thana -SC/ST District- GAYA ====================================================== Sukhdeo Yadav Son of Baleshwar Yadav, resident of Village- Mocharak, P.S.- Fatehpur, District- Gaya.

.... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant : Mr. Vishwa Ranjan Choudhary, Advocate. For the Respondent : Smt Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

The appellant seeks bail in SC/ST Trail No.512 of 2015 arising out of SC/ST P.S.Case No.11 of 2002 for the offence under Section 341, 342, 379, 307 of I.P.C., Section 27 of The Arms Act and Section 3(v) (x) of the Sc/ST ( Prevention of atrocities ) Act. This is a case of misuse of privilege of bail. Submission of the learned counsel for the appellant is that, as a matter of fact, he met with an accident. Thereafter his brother died due to which he was badly mentally disturbed. He left doing pairvi. As such, He was not aware of the date fixed in the case and hence, there were laches on the part of the appellant. He is in custody for six months.

Heard learned Special A.P.P. also.

Patna High Court CR. APP (SJ) No.1620 of 2017 (5) dt.22-08-2017 2/2 Having heard both sides and in view of the facts and circumstances, as state above, this appeal is disposed of with a direction to the court below to expedite the trial and conclude within a period of three months from the date of receipt of a copy of this order and, if trial is not concluded within the stipulated date, the petitioner will be released on bail to the satisfaction of Special Judge SC/ST, Gaya in Trial No.512/15 arising out of SC/ST (Prevention of atrocities) Act.

AnilKrSinha/- (Vinod Kumar Sinha, J) U T