Radha Yadha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24156 of 2020 Arising Out of PS. Case No.-377 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== RADHA YADHA S/o Late Mahadeo Yadav R/o Village- Sugauli Kanu Tola Ward No.15, P.S.- Sugauli, Dist East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 379, 302, 504 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was also one of the assailants. A report was called for from the trial court which has been received. It has been reported that except the I.O. all the prosecution witnesses have been examined.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Patna High Court CR. MISC. No.24156 of 2020(3) dt.08-12-2020 2/2 Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 326 of 2019 arising out of Sugauli P.S. Case No. 377 of 2018 is rejected.

Learned trial court is directed to take all necessary steps to take all possible steps to conclude the trial of the petitioner, preferably, within a period of four months from the date of receipt/production of copy of this order. Since the petitioner is in custody since 10-09-2018 and he has lost his eyesight, the District Magistrate and the Superintendent of Police, Motihari, East Champaran are directed to ensure that the investigating officer of the case be produced for his evidence on the date fixed by the trial court, so that trial could be concluded within the stipulated period of four months.

Let a copy of this order be sent to the The District Magistrate and the Superintendent of Police, Motihari, East Champaran for needful.

(Sudhir Singh, J) A.K.V.//- U T