Patna High CourtCR. MISC./16494/2016rejected

Shiva Yadav v. The State Of Bihar

2016-04-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16494 of 2016 Arising Out of PS.Case No. -132 Year- 2014 Thana -PARWATTA District- KHAGARIA ====================================================== Shiva Yadav Son of Bhogi Yadav Resident of Village - Baisa, P.S.- Parwatta (machiya), District - Khagaria .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-307, 353 of the Indian Penal Code.

No doubt, petitioner is in jail custody since 07-06-2014 in a case registered under Sections-307, 353 of the Indian Penal Code and Sections-25(i-B)A/26/27 of the Arms Act but the impugned order shows that prosecution has already closed its evidence and the case is pending for recording the statement of the petitioner u/S 313 of the Cr.P.C.

It appears from the aforesaid fact that trial of the petitioner is on the verge of conclusion and therefore, I do not feel it proper to release the petitioner on bail and, accordingly, prayer

Patna High Court Cr.Misc. No.16494 of 2016 (2) dt.26-04-2016 2/2 for bail of the petitioner in connection with Parbatta P.S. Case No. 132 of 2014 corresponding to Sessions Trial No. 92 of 2015 pending in the court of Learned Additional District & Sessions Judge-IV, Khagaria stands rejected.

However, learned Additional District & Sessions Judge-IV/concerned court, Khagaria is directed to dispose of the trial of the petitioner within a month from the date of receipt/production of copy of the order, failing which, the matter shall be viewed seriously.

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