Bhola Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.46236 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46236 of 2017 Arising Out of PS.Case No. -55 Year- 1996 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Bhola Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Pirpainty P.S. Case No. 55 of 1996, registered for offences punishable under Sections 302/34 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other co-accused persons is of killing the husband of the informant. It further appears that the case is of the year 1996 but the petitioner arrested and produced in the court on 16.04.2017 and the trial of other accused persons have already been concluded.

It has been submitted on behalf of the petitioner that he is not the main assailant and there is only general and omnibus allegation against him. It has also been submitted that now trial has commenced and some witnesses have also been examined and he is in custody since 16.04.2017 and charge has been framed in

Patna High Court Cr.Misc. No.46236 of 2017 (2) dt.19-09-2017 this case on 15.06.2017.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and also the fact that the case is of the year 1996 and petitioner was absconding till his arrest in 2017, as such, at this stage, I am not inclined to release the petitioner on bail rather the trial court is directed to expedite the trial and try to conclude it within a period of five months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the trial court itself. With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T