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Patna High CourtCR. MISC./37177/2016rejected

Surendra Yadav And ANR v. The State Of Bihar

2016-10-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37177 of 2016 Arising Out of PS.Case No. -89 Year- 2003 Thana -AKBARPUR District- NAWADA ======================================================

1. Surendra Yadav S/o Late Laxman Yadav.

2. Ramchandra Yadav, S/o Late Laxman Yadav, Both residents of VillageHudrahi, Police Station- Akbarpur, (Nawada) District-Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are named in the first information report and the charge sheet against them was submitted long back showing them absconder but they could be remanded in this case on 03-03-2015. The other accused faced trial and, were convicted by the trial court.

Therefore, considering the aforesaid facts and circumstances as well as conduct of the petitioners, I do not feel it proper to release them on bail. Hence, their prayer for bail in connection with Akbarpur (Nawada) P.S. Case No. 89 of 2003 stands rejected.

However, learned trial court must expedite the trial of

Patna High Court Cr.Misc. No.37177 of 2016 (4) dt.18-10-2016 2/2 the petitioner and try to conclude the same as early as possible, preferably, within six months from the date of receipt/production of copy of this order, even by taking trial of the petitioners on dayto-day basis. However, if, trial of the petitioners is not concluded within the above-said period due to laches of the prosecution, petitioners may renew their prayer for bail before the learned trial court itself.

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