Fudan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12333 of 2017 Arising Out of PS.Case No. -334 Year- 2012 Thana -DHANARUA District- PATNA ====================================================== Fudan Yadav, Son of Sri Ram Ji Prasad, resident of Village- Bahrampur, P.S.- Dhanarua, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused assaulted the deceased with iron rod and khanta on his head.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the allegations made in the F.I.R. regarding the assault made by the petitioner was found to be true. The petitioner is assailant.

A report was called for from the trial court

Patna High Court Cr.Misc. No.12333 of 2017 (4) dt.19-04-2017 2/2 regarding the stage of the case. It has been reported that the trial is expected to be concluded within a period of nine months. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with S.T. No. 813 of 2016, corresponding to Dhanarua P.S. Case No.334 of 2012, pending in the court of learned Additional Sessions Judge-X, Patna.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order. The District Magistrate, Patna and the Superintendent of Police, Patna are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.

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