Ramjee Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18677 of 2016 Arising Out of PS.Case No. -100 Year- 2012 Thana -NARDIGANJ District- NAWADA ======================================================

1. Ramjee Yadav son of Late Badri Yadav

2. Pintu Kumar son of Ramji Yadav Both resident of Village Ange, P.S. Nardiganj, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. M.P. Bharti Mr. Kamlesh Prasad Yadav For the Opposite Party/s : Mr. D. Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Nardiganj P.S. Case No.100 of 2012 instituted for the offences under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Both the parties have submitted that witnesses from both sides have been examined and only the trial court has to deliver its judgment.

It is unfortunate that this Court has passed the order on 29.4.2015 where it has been recorded that prosecution witnesses were already examined and the statement of

Patna High Court Cr.Misc. No.18677 of 2016 (3) dt.22-06-2016 accused persons under Section 313 of the Code of Criminal Procedure is over. Even then the trial has not been concluded. This Court directs that the trial court must ensure the delivery of judgment of this case and submit a report. As has been informed that the court is vacant, if that be so, the Sessions Judge is directed himself to take up this case and after hearing the parties will decide the case on its own merit.

The trial court is directed to conclude the trial within a period of two months from the date of receipt/production of a copy of this order and if the case is not disposed of within the aforesaid period the trial court will submit a report. In this view of the matter, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected.

(Shivaji Pandey, J) Vinay/- U T