Patna High CourtCR. MISC./20348/2017rejected

Udit Yadav v. The State Of Bihar

2017-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20348 of 2017 Arising Out of PS.Case No. -37 Year- 2004 Thana -SAHPUR District- BHOJPUR ====================================================== Udit Yadav Son of Late Bikram Yadav resident of village - Jawaniya, Police Station - Shahpur, District - Bhojpur at Ara. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 20.5.2016 passed in Cr. Misc. No. 15254 of 2016, on the ground that the petitioner is suffering in custody since 24.11.2015, other co-accused, similarly situated, have been allowed bail, the trial has not been concluded within nine months and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer for bail by submitting that this is a case of the year 2004 and due to the reasons that the petitioner remained absconding, resulting the trial was held up.

Patna High Court Cr.Misc. No.20348 of 2017 (2) dt.10-05-2017 2/2 In the facts and circumstances as stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 49 of 2016 (arising out of Shahpur P.S. Case No. 37 of 2004, pending in the court of learned 1st Additional Sessions Judge, Bhojpur at Ara.

However, the learned trial court is again directed to expedite and conclude the trial as early as possible preferably within six months from the date of receipt/ production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J) BTiwary/- U T