Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50315 of 2017 Arising Out of PS.Case No. -216 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Rajesh Yadav, Son of Nago Yadav, Resident of Village Mathar, P.S. Muffasil, Khagaria, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Khagaria (Muffasil) P.S. Case No. 216 of 2017, G.R.No. 950 of 2017, registered for the offences punishable under Sections 399, 402, 307, 353, 504 of the Indian Penal Code and 25(1-B)(a), 26, 27 & 35 of the Arms Act.

Allegation against the petitioner and other accused persons is that while police raided the place on the information of committing dacoity there was firing by both sides and later on petitioner was arrested and from his possession one country made pistol and 11 live cartridges were recovered. Submission of learned counsel for the petitioner is that at he has falsely been implicated in this case and he is in custody for

Patna High Court Cr.Misc. No.50315 of 2017 (3) dt.10-11-2017 2/2 seven months and though he is accused in another case but he is on bail in that case and charge has been framed in this case. Heard learned APP, who has opposed the prayer for bail. Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it within a further period of four months. If trial is not concluded within the said period, the trial court will release the petitioner on bail to his own satisfaction. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U