Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55868 of 2018 Arising Out of PS. Case No.-356 Year-2015 Thana- BUXAR District- Buxar ====================================================== Krishna Yadav, S/o Shri Bhagwan Yadav, r/o Village- Ahirauli, P.S.- Buxar (Industrial), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Buxar (Town) P.S.Case No. 356 of 2015 registered under Sections 147, 148, 149, 341, 302, 326 and 120B of the Indian penal Code and 27 of the Arms Act. Earlier prayer of bail of the petitioner was rejected by this Court vide order dated 10.02.2017 in Cr. Misc. No. 2860 of 2017 and again vide order dated 06.12.2017 passed in Cr. Misc. No. 43602 of 2017 on merit.

It is submitted on behalf of the petitioner that petitioner is in custody since 14.10.2015 and up-till-now trial has not concluded.

Heard learned APP also and perused the report from which it appears that 06 witnesses have been examined till now

Patna High Court Cr.Misc. No.55868 of 2018(3) dt.12-12-2018 2/2 and 03 chargesheeted witnesses have to be examined and allegation against the petitioner and other accused persons is of firing on the deceased causing his death and apart from that, petitioner is accused in 18 other cases.

In such view of the matter, I am not inclined to grant bail to the petitioner. Hence, prayer of bail of the petitioner is rejected.

However, since the petitioner is in custody for three and half years, the trial court is directed to expedite the trial and at the same time, the Superintendent of Police, Buxar is directed to produce the witnesses in the court below on the date fixed so that trial may be concluded as expeditiously as possible. Both, the trial court as well as the Superintendent of Police, Buxar, are directed to comply the direction of this Court and submit a report in two months about the progress of the trial.

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