Gandhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54279 of 2016 Arising Out of PS.Case No. -426 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ====================================================== Gandhi Yadav Son of lagina Yadav Resident of Village- Latra, P.S. Gopalpur, Distt- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 627 of 2015 arising out of Gopalpur P.S. Case No. 426 of 2014 for offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier the petitioner had moved before this Court for bail in Cr. Misc. No. 50986 of 2015 and this Court, vide order dated 03.02.2016, rejected the prayer for bail of the petitioner. In that case, this Court had called for a case diary and also quoted different paragraphs of the same indicating movement of the mobile of the petitioner around the place of incident. Now the question of deciding the case on merit does not arise.

Patna High Court Cr.Misc. No.54279 of 2016 (3) dt.08-03-2017 In the status report dated 30.1.2017, the 2nd Additional District & Sessions Judge, Naugachia, has stated that out of nine witnesses, two witnesses have been examined. Let the trial court must take all coercive action for production of the witnesses and conclude the trial within a period of six months from today.

The S.S.P., Bhagalpur is also directed to ensure production of the prosecution witnesses.

(Shivaji Pandey, J) Rishi/- U T