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Patna High CourtCR. MISC./45456/2014dismissed

Devendra Yadav v. The State Of Bihar

2015-04-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45456 of 2014 Arising Out of PS.Case No. -135 Year- 2013 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Devendra Yadav Son of Bairester Yadav Resident of Village-Majerwan, Tole-Guthnoha, P.S.-Phulwaria, District-Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate. For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2015 Heard both sides.

The petitioner seeks bail in Siwan Muffasil P.S. Case No. 135 of 2013, registered for the offences punishable under Section 394 of the Indian Penal Code.

The petitioner is not named in the FIR, but during the course of investigation the petitioner was arrested and he was also identified in test identification parade.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

It is submitted that the petitioner is in jail for last two years, but on perusal it appears that the petitioner is not being produced in the present case and therefore, the charges could not

Patna High Court Cr.Misc. No.45456 of 2014 (3) dt.08-04-2015 2/2 be framed.

The court below is directed to take effective steps for production of the accused and conclusion of the trial within six months from the date of receipt/production of a copy of this order. If the trial is not concluded within stipulated period, the petitioner may renew his prayer for bail firstly in the trial court. (Prabhat Kumar Jha, J.) KKSINHA/- U T