Rajesh Kumar Yadav @ Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44577 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -KATIHAR District- KATIHAR ======================================================
1. Rajesh Kumar Yadav @ Rajesh Yadav Son of Late Prakash Yadav Rasident of Mohalla - Baramasia, P.S.-Katihar Sahayak, Dist.-Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2016 The petitioner has renewed his prayer for bail in a case registered under Sections 302/34 of the Indian Penal Code.
The prosecution case is that the petitioner and co-accused Binod Yadav assaulted with dagger on the back of the victim simultaneously and after that the petitioner repeated the blow on the neck of the victim. The post-mortem reflects three incised injuries on the person of the deceased. Out of three injuries two have been found on the back, whereas third injury was found near the left ear. It is submitted by the learned counsel for the petitioner that co-accused Binod Yadav has been granted bail vide Cr. Misc. No. 44400 of 2014 by a Coordinate Bench of this Court. The order reflects the ground for grant of bail to Binod Yadav is that the Binod Yadav did not
Patna High Court Cr.Misc. No.44577 of 2015 (5) dt.29-06-2016 assault, whereas the accusation against the petitioner is that he assaulted the deceased.
Hence, this Court is not inclined to revise the earlier order.
Accordingly, this application is disposed of. The report of the learned Additional Sessions Judge-I, Katihar dated 24.05.2016 reflects that though the charges have not been framed but the court will conclude the trial within six months.
It is expected from the learned court below to conclude the trial within time frame transmitted before this Court.
(Dinesh Kumar Singh, J) P.K./- U T