Patna High CourtCR. MISC./34349/2019dismissed

Raju Yadav @ Raj Kumar Yadav @ Raju @ Raju Kumar Yadav v. The State Of Bihar

2019-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34349 of 2019 Arising Out of PS. Case No.-214 Year-2013 Thana- NARPATGANJ District- Araria ====================================================== RAJU YADAV @ RAJ KUMAR YADAV @ RAJU @ RAJU KUMAR YADAV ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 12.10.2018 passed in Cr. Misc. No. 58679 of 2018 and the allegation as per FIR against the petitioner and five other accused persons is of assaulting the deceased causing his death.

Submission of the learned counsel for the petitioner is that he is in custody for more than three years and up till now there is no substantive progress in the trial. Heard learned A.P.P. and perused the report, from which it appears that only two witnesses have remained to be examined in this case including the Doctor as the postmortem report was not on the record as such in spite of the presence of the Doctor, he could not be examined on 20.6.2019 and the

Patna High Court CR. MISC. No.34349 of 2019(3) dt.17-07-2019 2/2 same has been called for and he assured that trial may be concluded within a period of 1 1⁄2 months..

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, however, the S.P., Araria is directed to produce the postmortem report in the court and also to produce the remaining witnesses in the court so that the trial may be concluded within a period as described by the trial court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U