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Patna High CourtCR. MISC./19301/2018dismissed

Sadhu Yadav v. The State Of Bihar

2018-10-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19301 of 2018 Arising Out of PS. Case No.-218 Year-2009 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sadhu Yadav S/o Manik Lal Yadav @ Mohan Yadav, R/o Village- Shankarpur, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Choudhary For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Muffasil P.S. case No.218 of 2009, G.R. No.1487 of 2009 registered under Sections 302/34 of the Indian Penal Code, pending in the court of C.J.M., Munger.

Earlier two bail applications of the petitioner was rejected vide Annexure 1 series to the present application taking into account that the petitioner is the assailant. The court below was directed to conclude the trial preferably within a period of one year from the date of receipt of the order. The District Magistrate, Munger and the Superintendent of Police, Munger were also directed to ensure that the prosecution witnesses are produced on the date fixed by the court below.

Patna High Court Cr.Misc. No.19301 of 2018(6) dt.31-10-2018 2/2 A report was called for from the court below regarding the stage of the case. It has been reported that the summons have been issued against the charge sheet witnesses. Ten witnesses are yet to be examined in the case. The trial is expected to be concluded within a period of one year. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. The District Magistrate, Munger and the Superintendent of Police, Munger are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger. (Sudhir Singh, J) Narendra/- U T