Amit Kumar Yadav @ Amit Kumar @ Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46740 of 2017 Arising Out of PS.Case No. -85 Year- 2014 Thana -BANGAON District- SAHARSA ======================================================

1. Amit Kumar Yadav @ Amit Kumar @ Amit Yadav Son of Ramchandra Yadav, Resident of Village-Sakra, Paharpur, P.S.-Simri Bakriyarpur, District-Saharsa .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Adv. For the Opposite Party : Smt. Asha Devi, APP 85 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2017 Heard Mr. Pramod Mishra, the learned counsel appearing for the petitioner and the the learned Additional Public Prosecutor.

The petitioner has filed this petition for grant of bail. The prayer for bail of the petitioner was earlier rejected twice. Firstly, on 25.06.2015, passed in Cr. Misc. No. 18400 of 2015 and secondly, on 27.07.2016, passed in Cr. Misc. No. 9071 of 2016 with a direction to the trial Court to hold the trial on day-to-day basis and conclude the same within one year from the date of receipt/production of the aforesaid order, dated 27.07.2016. The petitioner, again, moved this Court for grant of bail only because the trial could not be concluded within one year from the date of production of the order, passed in Cr. Misc. No. 9071 of 2016. On such, the Superintendent of Police, Saharsa, was directed to appear in the Court. Report was also called for from the learned trial Court.

The learned trial Court reported that the petitioner, Amit Kumar Yadav @ Amit Kumar @ Amit Yadav, is not being produced from custody and, therefore, the evidence of the

Patna High Court Cr.Misc. No.46740 of 2017 (4) dt.15-11-2017 2/2 witnesses could not be recorded. Amit Kumar Yadav @ Amit Kumar @ Amit Yadav, the petitioner shifted to Purnia Jail. The Superintendent of Police, Saharsa, is present in Court and undertakes that he would produce all the witnesses within four months from today. Amit Kumar Yadav @ Amit Kumar @ Amit Yadav, the accused in custody, has already been shifted to Saharsa Jail from Purnia Jail.

Considering, the facts, aforesaid, and the nature of allegation, I am not inclined to enlarge the petitioner on bail, hence, the same is rejected.

If the trial is not concluded within four months, as undertaken by the Superintendent of Police, Saharsa, the petitioner may renew his prayer for bail after four months. (Prabhat Kumar Jha, J) SA/- U √ T √