Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48880 of 2021 Arising Out of PS. Case No.-29 Year-2016 Thana- KORANSARAI District- Buxar ====================================================== MANTU YADAV S/o Late Tega Yadav Resident of Village- Baruha, P.S.- Bagen Gola, district- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Koran Sarai P.S. Case No.29/2016 (S.Tr. No.78/2019), registered for the offence punishable under Sections 302, 307, 326/34 of the Indian Penal Code and section 27 of the Arms Act. Vide order dated 10.11.2020 passed in Cr. Misc. No.25610 of 2020, the application for bail of the petitioner was rejected by this Court with a direction to the learned court below to conclude the trial within nine months but till date trial is not
Patna High Court CR. MISC. No.48880 of 2021(3) dt.29-09-2021 2/3 concluded.
Again, the petitioner has filed the instant bail application on 27.08.2021 for grant of bail, whereby vide order dated 01.09.2021, this Court has called for a report regarding the stage of trial.
In compliance thereof, a report dated 04.09.2021, kept at flag 'Z' has been sent by learned Additional District and Sessions Judge-III, Buxar whereby it is submitted that the charge has been framed on 09.05.2019. After framing of charge six witnesses among ten witnesses have been examined. Rest four witnesses including I.O. and Doctor have not been examined due to Covid-19 pandemic.
Considering the aforesaid circumstances, I am not inclined to grant bail to the petitioner. As such, prayer for bail of the petitioner is hereby rejected.
The bail application is accordingly dismissed. However, the learned court below is directed to conclude the trial of the petitioner as expeditiously as possible, preferably within a period of eight months from today.
The Superintendent of Police, Buxar is directed to take steps for production of the prosecution witnesses for their examination as and when the date is fixed by the learned trial
Patna High Court CR. MISC. No.48880 of 2021(3) dt.29-09-2021 3/3 court, so that the trial may be concluded within the time indicated herein above.
Let a copy of this order be sent to the Superintendent of Police, Buxar.
(Anjani Kumar Sharan, J) pallavi/- U T