Birendra Yadav @ Bhendar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13906 of 2015 Arising Out of PS.Case No. -43 Year- 2011 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Birendra Yadav @ Bhendar Yadav S/o Brahmdeo Yadav Resident of Village Pakri Barawan, P.S. Pakri Barawan, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It has been reported by the trial court that Session trial no. 108 of 2012/62 of 2014 arising out of Pakri Barawan P.S.Case No.48 of 2011 is pending for the evidence of defence witness. In the aforesaid circumstances, the learned Additional Sessions Judge-II, Nawada, is directed to dispose of the aforesaid Session Trial No. 108 of 2012/62 of 2014, arising out of Pakri Barawan P.S.Case No.48 of 2011, within a month from the date of receipt/ production of copy of this order even by taking the aforesaid case on day to day basis.

However, it is made clear that if the trial court fails to dispose of the aforesaid case on account of laches of the

Patna High Court Cr.Misc. No.13906 of 2015 (3) dt.08-07-2015 2/2 prosecution, the petitioner may renew his prayer for bail before the learned trial court itself.

It is also made clear that if the trial court fails to dispose of the above stated case due to non co-operative approach of the defence, then, in that event, petitioner shall not be released on bail.

Accordingly, this petition stands disposed off. (Hemant Kumar Srivastava, J) Namita/- U T