Patna High CourtCR. MISC./42412/2017disposed

Sudhir Yadav v. The State Of Bihar

2017-09-14Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.42412 of 2017 (2) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42412 of 2017 Arising Out of PS.Case No. -88 Year- 2006 Thana -SUPAUL District- SUPAUL ======================================================

1. Sudhir Yadav, S/o Suraj Narayan Yadav @ Surya Yadav, R/o Village Kusha, P.S.- Tribeniganj, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Supaul P.S. Case No. 88 of 2006, registered for offences punishable under Sections 147, 148, 323, 341, 325, 337, 384 and 307 of the Indian Penal Code.

This is a case of misuse of privilege of bail ten years as he was granted bail on 30.01.2007 and, thereafter, he did not turn up and was declared absconder on 26.11.2007 and later on warrant of arrest was issued and process under Section 82 and 83 Cr.P.C. was also initiated and, thereafter, he was apprehended on 13.05.2017, and due to the aforesaid conduct of the petitioner, trial was delayed.

It has been submitted on behalf of the petitioner that he has been in custody in this case for four months and he could not

Patna High Court Cr.Misc. No.42412 of 2017 (2) dt.14-09-2017 make pairvi after bail as he was not aware of the fact as he being labourer had gone out of the State for earning his livelihood and the said act of the petitioner was not intentional. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the conduct of the petitioner, at this stage, I am not inclined to release the petitioner on rather this application is disposed of with direction to the trial court to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, the trial court shall release the petitioner on bail to his own satisfaction.

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