Yogendra Rai @ Yogendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33978 of 2017 Arising Out of PS.Case No. -231 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Yogendra Rai @ Yogendra Prasad Son of Late Ram Pravesh Rai Resident of Village- Jaganpura, Police Station- Ramkrishna Nagar, District- Patna (Bihar).
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ambuj Nayan Chaubey For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.
The allegation against the petitioner is of committing murder of the deceased by means of firearm. Earlier the bail application of the petitioner was rejected vide Annexure-1 series to the present application, taking into account that the petitioner is the main assailant. A report was called for from the trial court regarding the stage of the case. It has been reported that out of 8 prosecution witnesses, three prosecution witnesses have already
Patna High Court Cr.Misc. No.33978 of 2017 (3) dt.18-10-2017 2/2 been examined and within a period of one year, the trial is expected to be concluded.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 666/2016, Tr. No.42 of 2017, arising out of Ramkrishna Nagar P.S. Case No. 231 of 2015, pending in the court of learned A.D.J.-X, Patna.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt of production of copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below. Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Amit/- U T