Patna High CourtCR. MISC./33361/2017dismissed

Suresh Yadav @ Suresh Prasad Yadav v. The State Of Bihar

2017-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33361 of 2017 Arising Out of PS.Case No. -133 Year- 1999 Thana -HUSAINGANJ District- SIWAN ====================================================== Suresh Yadav @ Suresh Prasad Yadav, son of Ramdev Yadav residence of village - Chhapiya Bujurg, Police Station - Hussainganj, District - Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Prasad Yadav For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Trial No. 27 of 2017, arising out of Hussainganj P.S.Case No. 133 of 1999 registered for the offences punishable under Sections 269, 272, 273 of the Indian Penal Code and 47(A) of Excise Act. This is a case of misuse of privilege of bail and from the impugned order it appears that petitioner has twice left pairvi and bail bond of the petitioner has been cancelled. It has been submitted on behalf of the petitioner that on the wrong advice he could not appear on that day and now he is in custody for more than three months and the case is of the year 1999.

Heard learned APP also.

Patna High Court Cr.Misc. No.33361 of 2017 (3) dt.03-08-2017 2/2 Having heard both sides and in view of conduct of the petitioner, I am not inclined to grant bail to the petitioner. As the case is of the year 1999, learned trial court is directed to expedite the trial of the petitioner and try to conclude it as soon as possible, if possible, by separating the trial of the petitioner from other accused persons, as it is submitted that other accused persons are not appearing, and conclude the trial within three months and at the same time, Superintendent of Police, Siwan is directed to ensure presence of the witnesses in court so that trial be concluded within the specified period. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U