Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25043 of 2016 Arising Out of PS.Case No. -10 Year- 2009 Thana -KASMA District- AURANGABAD ======================================================

1. Rajesh Yadav, S/o Brija Yadav, R/o Village- Tetariya, P.S.- Kasam, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Binod Kr-3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The learned trial court has reported that only I.O. and the doctor have been left to be examnuined and all the other material prosecution witnesses, have already been examined. No doubt, earlier while rejecting the bail prayer of the petitioner, this court directed the trial court to conclude the trial of the petitioner within six months and uptill now, trial of the petitioner could not be concluded but the report of learned trial court goes to show that the trial of the petitioner is on the verge of conclusion and, therefore, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Kasma P.S. Case No. 10 of 2009 corresponding to Sessions

Patna High Court Cr.Misc. No.25043 of 2016 (5) dt.07-09-2016 2/2 Trial No. 303(B)/09/266/2015 stands rejected. However, learned trial court must dispose off the above stated case within three months from the date of receipt/production of copy of this order.

Let a copy of this order be sent to the Superintendent of Police, Aurangabad with direction to him to ensure the presence of the investigating officer and the doctor of the above-said case before the court of learned Additional Sessions JudgeVIII/concerned court, Aurangabad within a month without fail. Any laches on the part of the Superintendent of Police, Aurangabad shall be viewed seriously.

However, it is made clear that if, the trial court fails to conclude the trial of the petitioner within the above-said period without any fault of the petitioner, the petitioner may renew his prayer for bail before the learned trial court itself and in that event, the trial court shall pass appropriate order on the bail petition of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T