Golu Yadav @ Golu Kumar @ Golu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40838 of 2022 Arising Out of PS. Case No.-475 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== GOLU YADAV @ GOLU KUMAR @ GOLU KUMAR YADAV Son of Mogal Yadav @ Mugal Yadav Resident of Village - Ahir Toli, P.s.- Nautan , Distt.- West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-10-2022 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and the learned APP for the State in Virtual Court Proceeding.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
As per the prosecution story, the informant has alleged that one Janki Devi was storing cow dung in front of her house and upon protest, Janki Devi started shouting, whereafter, the accused persons assembled and after abusing them, it is alleged that Golu Yadav @ Golu Kumar (the petitioner herein) used 'Farsa' to hit on the head of her husband. The other accused persons also brutally assaulted him. He was taken to Bettiah Government Hospital from where considering his critical condition, he was shifted to PMCH, Patna where in course of treatment he died on 13.12.2019. Accordingly, the FIR
Patna High Court CR. MISC. No.40838 of 2022(2) dt.21-10-2022 2/2 was lodged.
The matter is of 2019. the petitioner earlier tried his luck by filing the anticipatory bail application vide Cr. Misc. No. 34510 of 2020 which came to be dismissed on 13.4.2021 (Annexure-1 to the bail application). However, despite the fact that there was specific allegation against him, the FIR was lodged in 2019 and the anticipatory bail application was rejected on 13.4.2021, he chose to walk into judicial custody only on 12.4.2022 (para-11 of the bail application). Considering the nature of allegation that has been made against him as also his attitude/conduct in delaying the process of trial for three long years, this Court is not inclined to grant him any relief and the bail application is accordingly rejected.
Further, considering the fact that the matter is of 2019, the Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year. (Rajiv Roy, J) Ravi/Ajay Singh U T