Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36109 of 2019 Arising Out of PS. Case No.-327 Year-2016 Thana- BAKHTIARPUR District- Saharsa ====================================================== CHANDAN YADAV S/o Agni Yadav R/o village- Sakra Paharpur, P.S.- Bakhtiyarpur, District- Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 19.05.2017 in connection with Bakhtiyarpur P.S. Case No. 327/2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is of having attacked the deceased which led to his death. The prayer for bail of the petitioner is earlier rejected after due consideration on merits. A report had been called for from the trial Court so as to indicate the stage of the trial. The 1st Additional Sessions Judge cum Special Judge, POCSO, Saharsa, has reported that the trial is likely to conclude within 2-3 months as only the I.O.

Patna High Court CR. MISC. No.36109 of 2019(4) dt.30-09-2019 2/2 remains to be examined.

In view of the fact that the trial Court has sought 23 months for conclusion of the trial, I am not inclined to grant bail to the petitioner.

The prayer for bail stands rejected.

Let the trial be expedited so as to conclude the same positively by the 15th of December, 2019. (Anjana Mishra, J) Saif/- U T