Patna High CourtCR. MISC./15225/2016rejected

Bishundeo Yadav v. The State Of Bihar

2016-08-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15225 of 2016 Arising Out of PS.Case No. -184 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Bishundeo Yadav son of Daro Yadav Resident of village Manjhiyani P.S. Khaira District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One country made pistol, one country made rifle, three detonators and other articles are said to have been recovered from the house of the petitioner and taking note of the aforesaid fact, this court had rejected the prayer for bail of the petitioner vide order dated 01.12.2015 passed in Cr. Misc. No. 54023 of 2015 but submission on behalf of the petitioner is that petitioner is in jail custody since 16.08.2015 and up till now, not a single prosecution witness could be examined. It is also submitted that petitioner does not have any criminal antecedent and, as a matter of fact, petitioner has been framed in this case by the police at the behest of his enemies.

Patna High Court Cr.Misc. No.15225 of 2016 (3) dt.03-08-2016 2/2 The trial court has reported that charges against the petitioner were framed on 09.03.2016 and to procure the attendance of prosecution witnesses, processes have already been issued. The trial court has further reported that if the prosecution concludes its evidence, the trial of the petitioner will be disposed of within six months.

Considering the aforesaid facts as well as report of the learned Sessions Judge, Jamui, the prayer for bail of the petitioner is again rejected. However, petitioner may renew his prayer for bail before the learned court below itself, if his trial is not concluded within six months from the date of receipt/ production of copy of this order.

(Hemant Kumar Srivastava, J) N.K/- U T