Bilash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45688 of 2014 Arising Out of PS.Case No. -119 Year- 2013 Thana -SONBERSA District- SAHARSA ======================================================
1. Bilash Yadav Son of Late Narayan Yadav resident of village- Manauri, P.S.- Sonbarsa Raj, District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46280 of 2014 Arising Out of PS.Case No. -119 Year- 2013 Thana -SONBERSA District- SAHARSA ======================================================
1. Deep Narayan Yadav Son of Late Yugal Yadav
2. Narayan Yadav Son of Late Darogi Yadav Both Resident of Village - Manauri, P.S.-Sonbarsa Raj, Dist.-Saharsa` .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.45688 of 2014) For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Sharma (APP) (In Cr.Misc. No.46280 of 2014) For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2015 Cr.Misc.No. 45688/2014 wherein Bilas Yadav is the petitioner while in Cr.Misc.No. 46280/2014, Deep Narayan Yadav is the petitioner, commonly originate out of Sonbarsa PS Case No. 119/2013, on account thereof, have been heard analogously and are being disposed of by a common order.
With regard to Cr.Misc.No. 45688/2014, it is apparent that vide order dated 21.04.2014 prayer for bail was refused. Even at that moment, the merit of the case which, at the
Patna High Court Cr.Misc. No.45688 of 2014 (4) dt.28-04-2015 present moment is being raised, has also been taken into consideration. Charge-sheet has already been filed. Charge has also been framed. Subsequently thereof, no witness has been examined. Consequent thereupon, prayer for bail is rejected with a direction to the learned lower Court to expedite the trial and endeavour to conclude the same within six months without any undue adjournment. To facilitate the same, S.P., Saharsa is directed to produce all the witnesses and for that the office is directed to communicate the instant order upon the S.P. Saharsa for effective compliance. Having failed on that very score, the Superintendent of Police, Saharsa will be held accountable. In case the trial is not concluded within the said period of six months, then petitioner will be at liberty to renew his prayer for bail.
So far as petitioner of Cr.Misc.No. 46280/2014 is concerned, he happens to be non assailant and on that very score, other co-accused are enjoying the privilege vide Cr.Misc.No.4413/2014. Moreover, petitioner was also not sent up for trial at initial stage.
Accordingly, petitioner, Deep Narayan Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.45688 of 2014 (4) dt.28-04-2015 satisfaction of 3rd Additional Sessions Judge, Saharsa in connection with S.Trial No.2381/2014 arising out of Sonbarsa (Raj) PS. Case No. 119/2013.
(Aditya Kumar Trivedi, J) perwez U T