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Patna High CourtCR. MISC./32311/2016rejected

Lallu Yadav v. The State Of Bihar

2016-09-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32311 of 2016 Arising Out of PS.Case No. -256 Year- 2014 Thana -BIHIYA District- BHOJPUR ====================================================== Lallu Yadav Son of Late Munsi Yadav, resident of Village- Kalyanpur, Police Station- Bihiya, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Sunita Kumari For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bihiya P.S. Case No. 256 of 2014 registered for offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

The petitioner had earlier moved before this Court for regular bail in Criminal Misc. No. 49219 of 2015 and this Court, vide order dated 05.11.2015, considered the merit of the case and rejected the bail of the petitioner on the ground that he was involved in the commission of the offence.

The counsel for the petitioner has also placed reliance on certain paragraphs of the case diary as well as paragraphs 7, 8,

Patna High Court Cr.Misc. No.32311 of 2016 (3) dt.21-09-2016 2/2 9 and 10 of this petition and she also wants to take plea of alibi in the defence that will be seen at the time of trial, not at this stage. The counsel for the State and the informant have drawn attention of this Court to the Forensic Report which shows that the fire arms was used for the commission of the crime. The counsel for the petitioner submits that this Court should give direction for early disposal of the trial, but herself submits that another co-accused filed a discharge application, in that view of the matter, this Court cannot give direction for early disposal of the trial.

This Court does not find any merit in the present application and the same is, accordingly, dismissed. (Shivaji Pandey, J) Mahesh/- U T