Patna High CourtCR. MISC./41586/2017disposed

Bipin Yadav v. The State Of Bihar

2017-10-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41586 of 2017 Arising Out of PS.Case No. -44 Year- 2006 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Bipin Yadav, son of Yugeshwar Yadav @ Yugo Yadav, Resident of Village- Chanan P.S. Salkhua, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bakhtiyarpur P.S. Case No. 44 of 2006 registered for the offences punishable under Sections 147, 148, 149, 452, 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and other co-accused persons is of causing death of the deceased.

Submission of learned counsel for the petitioner is that there is general and omnibus allegation against all accused persons and co-accused persons have been granted bail and he is in custody for two years.

Heard learned APP also.

Having heard both sides and from perusal of record it

Patna High Court Cr.Misc. No.41586 of 2017 (4) dt.18-10-2017 2/2 appears that the occurrence is of the year 2006 and petitioner is named in the FIR but in spite of that petitioner appeared in the year 2015 after a long period of nine years as he was absconding, considering the same, I am not inclined to grant bail to the petitioner.

However, as the charge has been framed, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. If trial is not concluded within the said period, learned trial court shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U