Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73946 of 2018 Arising Out of PS. Case No.-29 Year-2016 Thana- DEO District- Aurangabad ====================================================== Surendra Yadav, S/o Late Sahdeo Yadav, R/o Village- Nakati, P.S. Deo District Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi For the Opposite Party/s :
Mr.Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 The petitioner seeks bail in connection with Deo P.S.Case No. 29 of 2016 registered under Sections 147, 148, 149, 302 and 120B of the Indian penal Code, 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act, 1908. Earlier prayer for bail of the appellant was rejected twice firstly by this Court vide order dated 17.03.2017 passed in Cr. Misc. No. 50017 of 2016 and secondly vide order dated 07.03.2018 passed in Cr. Misc. No. 13205 of 2018. Submission of learned counsel for the petitioner is that wife of the petitioner is seriously ill and he has to attend her. He further submits that there is no substantial progress in the trial and he is in custody for more than two years. Heard learned Spl. P.P also and perused the report from which it appears that out of 13 witnesses, four witnesses i.e.,
Patna High Court Cr.Misc. No.73946 of 2018(3) dt.31-01-2019 2/2 one doctor and three others are yet to be examined. It further appears that evidence of investigating officer is going on. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. However, trial court is directed to expedite the trial on regular basis so that trial may be concluded as expeditiously as possible.
With the above direction, this application is dismissed. So far prayer for provisional bail is concerned, petitioner shall move before the trial court who will consider the genuineness of the case and pass appropriate order. (Vinod Kumar Sinha, J) sujit/- U T