Dhannu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53230 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- GAYA KOTWALI District- Gaya ======================================================

1. Dhannu Yadav, S/o Raudi Yadav,

2. Raja Yadav S/o Shankar Yadav, Both R/o vill.- Moh Bangla Asthan, P.S.- Kotwali, District- Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Petitioners prays for bail in connection with Kotwali P.S.Case No. 95 of 2018 registered for the offences punishable under Secgtions 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

Allegation against the accused persons, including the petitioners is of assault by lathi, danda and iron rod, causing several injuries to the deceased, who died during treatment. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and nothing specific has been attributed against them and admittedly there is land dispute between the parties and petitioners are in custody since 11.6.2018.

Heard learned counsel for the State and learned

Patna High Court Cr.Misc. No.53230 of 2018(4) dt.28-11-2018 2/2 counsel for the informant, who has opposed the prayer for bail by producing the order of this Court dated 4.9.2018 passed in Cr.Misc.No. 44611 of 2018 in the case of Madari Yadav vs. State of Bihar which was disposed of with a direction to learned trial court to conclude the trial within a period of six months and if not concluded, and there was no laches on the part of the petitioner, he shall be released on bail to the satisfaction of trial court. Further submission of learned counsel for the informant is that petitioners have filed discharged petitions one after another in order to delay the matter.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to learned trial court to expedite the trial and conclude it within a period of six months from the receipt of copy of this order and if trial is not concluded within the said period without any laches on the part of the petitioners, learned trial court shall release them on bail to its own satisfaction, otherwise there will be no effect in the order.

(Vinod Kumar Sinha, J) spal/- U T