Shiv Pujan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1198 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Shiv Pujan Yadav, son of Late Shobh Nath Yadav, resident of villageDighar, P.S.- Authoura, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Shailendra Kr.Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 302 of the Indian Penal Code. Taking into consideration the fact that the petitioner is alleged to have killed his own brother and further taking into consideration the fact that he is said to be the sole assailant of the deceased, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. Accordingly, his prayer for bail in connection with Audhoura P.S.Case No.61 of 2014 pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua is rejected for the present. The learned Magistrate is directed to commit the case of the petitioner to the court of Session forthwith, if not already committed. On such commitment, the learned trial court shall take up the trial of the petitioner on priority basis and all endeavour shall be made to conclude the same at an early date preferably within a period of one year from the date of framing of charge. However, if the trial of the petitioner is not concluded within the

Patna High Court Cr.Misc. No.1198 of 2015 (3) dt.04-03-2015 aforesaid period of time, then he shall be at liberty to renew his prayer for bail.

(Birendra Prasad Verma, J) Arvind/- U T