Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32869 of 2019 Arising Out of PS. Case No.-356 Year-2015 Thana- BUXAR District- Buxar ====================================================== KRISHNA YADAV Son of Sri Bhagwan Yadav Resident of Village- Ahirauli, P.S.- Buxar (Industrial), District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2019 Heard the parties.
Earlier the prayer for bail of the petitioner was rejected three times, vide order dated 10.2.2017 passed in Cr. Misc. No.2860/2017, order dated 6.12.2017 passed in Cr. Misc. No.43602/2017 and order dated 12.12.2018 passed in Cr. Misc. No.55868/2018 and the allegation is that the petitioner and others came and firing was made by four persons and the petitioner was also there. Petitioner is accused in 17 other cases also.
Submission of the learned counsel for the petitioner is that other accused persons have been granted bail by a Coordinate Bench of this Court. Petitioner is in custody for about four months and in this case, up till now six witnesses have been examined and the trial has been upheld as some accused persons
Patna High Court CR. MISC. No.32869 of 2019(3) dt.11-07-2019 2/2 have been transferred to other other Jails. . Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner but at the same time, the learned court below is directed to expedite the trial.
Let a copy of order be sent to the Home Secretary, Govt. of Bihar as well as to the Director (Prison), Govt. of Bihar, in order to explain as to under what circumstances, the accused persons whose trial is going on in the case have been transferred to some other Jail as submitted by the learned counsel for the petitioner that causes delay in trial, in which one of the accused is in custody since long and also to see that the accused persons be produced in Sessions Trial No.21 of 2016 pending before the Addl. Sessions Judge 3rd, Buxar regularly . The learned trial court as well as the Home Secretary, Govt. of Bihar and the Director (Prison), Govt. of Bihar are directed to see the compliance of the order in strict sense.
(Vinod Kumar Sinha, J) chn/- U T