Shambhu Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.49728 of 2015 (7) dt.18-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49728 of 2015 Arising Out of PS.Case No. -216 Year- 2013 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Shambhu Yadav Son of Ram Itar Yadav
2. Ayodhya Yadav Son of Late Bhaiya Lal Yadav Both resident of Village - Belthan, P.S. - Bakhtiyarpur, Distt. - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. There is specific allegation against these petitioners that they opened fire, causing fire-arm injury to the informant but submission on behalf of petitioners is that co-accused, Nitish Kumar against whom, there is specific allegation of causing firearm injury, has already been granted privilege of bail by learned Additional Sessions Judge-IV, Barh vide order dated 08-09-2015. No doubt, learned Additional Sessions Judge-IV, Barh has granted privilege of bail to co-accused but I am not, at all, convinced with the aforesaid submissions and in my view, it is not a fit case for grant of bail to the petitioners at least, at this
Patna High Court Cr.Misc. No.49728 of 2015 (7) dt.18-02-2016 stage and accordingly, their prayer for bail in connection with Bakhtiyarpur P. S. Case No. 216 of 2013 pending in the court of learned Additional Chief Judicial Magistrate, Barh, Patna stands rejected.
However, learned Additional Chief Judicial Magistrate, Barh, Patna is directed to commit the case of petitioners within two weeks from the date of receipt/production of copy of this order in accordance with law and after that, the concerned Sessions Court shall expedite the trial of the petitioners and try to conclude the same as early as possible. (Hemant Kumar Srivastava, J) A.K.V./- U T