Patna High CourtCR. MISC./6710/2017dismissed

Vijay Yadav v. The State Of Bihar

2017-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6710 of 2017 Arising Out of PS.Case No. -202 Year- 2014 Thana -GUTHNI District- SIWAN ====================================================== Vijay Yadav, son of Ayodhya Yadav, resident of Village-Kharika Tola, Police Station Guthni, District-Siwan .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surinder Kumar, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 45 of 2015, arising out of Guthani P.S.Case No. 202 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that earlier prayer for bail of the petitioner has been rejected by this Court but later on some other accused have been granted bail by this Court in Cr.Misc.No. 47122 of 2015 and Cr.Misc.No.1254 of 2016 vide orders dated 23.11.2015 and 18.4.2016 respectively (Annexures 6 & 7). It has further been submitted that out of 14 witnesses 8-9 have been examined and petitioner is in custody since 22.10.2014.

Patna High Court Cr.Misc. No.6710 of 2017 (3) dt.02-03-2017 2/2 Considering the aforesaid aspect of the matter, I am not inclined to grant bail to the petitioner. However, considering the fact that petitioner is in custody for more than one a half years, learned trial court is directed to conclude the trial within a period of six months and at the same time the Superintendent of Police, Siwan is directed to produce the remaining witnesses in court on the date fixed, so that the trial of the petitioner is concluded within the said period. If the trial is not concluded within the said period the petitioner may renew his prayer for bail before the court below itself, who will consider prayer for bail of the petitioner keeping in view the fact that other accused persons have been granted bail. Accordingly, this application is dismissed at this stage.

(Vinod Kumar Sinha, J) spal/- U