Patna High CourtCR. MISC./50693/2016rejected

Pradeep Yadav v. The State Of Bihar

2016-11-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50693 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Pradeep Yadav Son of Tulsi Yadav Resident of village - Tetariya Tand, P.S. Khaira, District Jamui .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Singh For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 09.03.2016 passed in Cri. Misc. No. 54435 of 2015, on the ground that the petitioner is suffering in custody since 02.09.2015, First Information Report has been lodged after much delay, postmortem report does not corroborate the prosecution version and against the petitioner, there is no specific allegation and as such the petitioner deserves sympathetic consideration, to which, the learned A.P.P. opposes the prayer of bail by submitting that the petitioner and other five co-accused brutally assaulted the son of the informant with sword, stone, bolder, lathi and danda resulting he died at the spot and the

Patna High Court Cr.Misc. No.50693 of 2016 (2) dt.30-11-2016 2/2 deceased was demanding dues of the tractor fare from the petitioner resulting he has been killed by the petitioner and others. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again the prayer of the bail of the petitioner stands rejected. However, considering the detention of the petitioner, let the case be committed as early as possible preferably within 2 months from the date of the receipt/production of a copy of this order and thereafter let the trial be expedited and concluded as early as possible preferably within 6 months.

(Jitendra Mohan Sharma, J.) Amit/- U T