Tulsi Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.10974 of 2016 (3) dt.03-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10974 of 2016 Arising Out of PS.Case No. -168 Year- 2010 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Tulsi Yadav Son of Sri Malik Yadav resident of village - Jafar Nagar, P.S. Muffasil, Munger, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s Ms. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned trial court has reported that Sessions Trial no. 44/2011 is pending for argument.

No doubt, petitioner is in jail custody for more than five years and up till now, his trial could not be concluded but since both parties have closed their evidence and the matter is pending for argument, I do not think it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions trial no. 44/2011 arising out of Munger Mufassil P.S. Case no. 168/2010 pending in the court of the Addl. Sessions Judge V, Munger stands rejected.

However, learned trial court is directed to dispose of the

Patna High Court Cr.Misc. No.10974 of 2016 (3) dt.03-08-2016 aforesaid sessions trial within one month from the date of receipt/production of copy of this order, failing which matter shall be viewed seriously.

shahid (Hemant Kumar Srivastava,J) U T