Yodha Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1981 of 2018 Arising Out of PS.Case No. -148 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) ======================================================
1. Yodha Rai Son of Late Chanan Rai, resident of Village- Barka Pakahi, P.S. Lakhaura, District East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Birendra Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Earlier the appeal of the appellant with regard to grant of bail has been dismissed vide order dated 07.08.2017 passed in Criminal Appeal (SJ) No. 1266 of 2017 in connection with Ghorasahan (Lakhaura) P.S. Case No. 148 of 2013 registered for offences punishable under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act as well as under Section 3(i)(x) of the Schedule Castes and Schedule Tribes ( Prevention of Atrocities Act) and allegation against the appellant and other co-accused is of firing on the deceased causing his death.
Submission of learned counsel for the appellant that he has been in judicial custody since 26.07.2016 and there is no likelihood of conclusion of trial in near future.
Patna High Court CR. APP (SJ) No.1981 of 2018 (5) dt.29-08-2018 2/2 Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case and also the fact that there is direct allegation against the petitioner is of firing on the deceased, I am not inclined to enlarge the appellant on bail. This application is accordingly dismissed.
However, since the appellant has been in custody since long, the trial court is directed to expedite the trial and try to conclude the same as soon as possible.
(Vinod Kumar Sinha, J) sunil/- U T