Patna High CourtCR. MISC./57316/2017rejected

Anil Yadav v. The State Of Bihar

2017-12-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57316 of 2017 Arising Out of PS. Case No.-67 Year-2015 Thana- JAMHORA District- Aurangabad ====================================================== Anil Yadav, Son of Rambilash Singh, resident of Village- Giyana, P.S.- Jamhore, District- Aurangabad (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. SRI LAKSHMI KANT SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 20.06.2016 and 15.03.2017 passed in Cr. Misc. No. 14460 of 2016 and 11513 of 2017, on the ground that the petitioner is in custody since 08.12.2015 and up-till now the trial has not been concluded and in near future the trial is not likely to be concluded as only 5 prosecution witnesses have been examined and all the five witnesses have turned hostile.

Learned APP opposes the prayer of bail by submitting that the petitioner is the assailant and his name was taken by deceased before his death and the informant is still to be examined.

In the facts and circumstances stated above, at present,

Patna High Court Cr.Misc. No.57316 of 2017(2) dt.06-12-2017 2/2 finding no good ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected in S. Tr. No. 716 of 2017 pending in the court of learned Additional Sessions Judge VII, Aurangabad.

However, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within four months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T