Patna High CourtCR. MISC./23558/2020disposed

Prabhas Yadav v. The State Of Bihar

2021-01-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23558 of 2020 Arising Out of PS. Case No.-466 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Prabhas Yadav S/O Gartu Yadav R/O Village Taralahi, P.S. - Bahadurpur, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2021 Heard Mr. Jagnnath Singh, learned Advocate for the petitioner and Mr. Saket Kumar Singh for the informant. The State is represented by Mr. Md. Aslam Ansari, learned APP.

The petitioner seeks bail in connection with Sessions Trial No. 54 of 2019 arising out of Bahadurpur P.S. Case No. 466 of 2018 dated 24.10.2018 instituted for the offences under Sections 149, 342, 323, 504, 307, 302 and 34 of the Indian Penal Code.

This Court had, on 09.09.2020, called for a report about the stage of the case. The report dated 15.09.2020 has been received.

A perusal of the report indicates that on three occasions, the petitioner and other accused persons did not present themselves for framing of charge. With this

Patna High Court CR. MISC. No.23558 of 2020(3) dt.08-01-2021 2/2 conduct of the petitioner, he cannot put the blame on the court for delay in conclusion of the trial. The prayer for bail of the petitioner is rejected. However, if the charges are framed and there is no substantial progress in the trial within the next six months, it would be open for the petitioner to approach the trial court for grant of bail. In that event the trial court would be under an obligation to record the reason for non-conclusion of the trial.

The aforesaid observation has been given keeping in mind that the petitioner is in custody since 27.10.2018.

The petition stands disposed of.

(Ashutosh Kumar, J) krishna/- U T