Patna High CourtCR. MISC./58035/2017rejected

Badri Yadav v. The State Of Bihar

2017-12-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58035 of 2017 Arising Out of PS. Case No.-231 Year-2016 Thana- BELHAR District- Banka ====================================================== Badri Yadav, son of Late Mogal Yadav, resident of Village- Bishanpur, Police Station- Belhar, District- Banka.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Sinha For the Opposite Party/s :

Mr. SMT. SHARDA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 23.03.2017 passed in Cr. Misc. No. 3986 of 2017 along with other co-accused, on the ground that the petitioner is in custody since 14.12.2016, in post mortem report only two injuries have been found on the person of the deceased and against four accused persons including the petitioner there is allegation of assaulting the deceased, the prosecution story appears not reliable and believable, besides family members no other independent witness has come forward to support the prosecution version, the petitioner is aged about 70 years and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

Patna High Court Cr.Misc. No.58035 of 2017(2) dt.06-12-2017 2/2 In the facts and circumstances stated above, at present, finding no good ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected in S. Tr. No. 155 of 2017 pending in the court of learned Additional Sessions Judge II, Banka.

However, considering the period of detention, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T