Lakhan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40576 of 2016 Arising Out of PS.Case No. -89 Year- 2012 Thana -RAFIGANJ District- AURANGABAD ======================================================
1. Lakhan Yadav S/o-Marachhu Yadav Resident Of Village Raja Bigha, P.S.-Rafiganj,District-Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bal Bhushan Choudhary For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2016 The report, called for from the Superintendent of Police, Aurangabad has been received.
The Superintendent of Police, Aurangabad has reported that only two prosecution witnesses have been left to be examined and, to procure the attendance of aforesaid prosecution witnesses, steps have already been taken. The aforesaid report is of dated 1612-2016 and, therefore, taking note of the aforesaid report as well as facts and circumstances of the case, prayer for bail of the petitioner is, again, rejected.
However, the trial court must conclude the trial of the petitioner within two months from the date of receipt/production of copy of this order, failing which; serious view shall be taken against the trial court.
Patna High Court Cr.Misc. No.40576 of 2016 (4) dt.21-12-2016 2/2 Let copy of this order be sent to the Superintendent of Police, Aurangabad with direction to him to ensure the presence of remaining prosecution witnesses before the trial court without any delay. Any failure on the part of the Superintendent of Police, Aurangabad shall be viewed seriously.
However, it is made clear that if, trial of the petitioner is not concluded within the above-said period of two months, the petitioner may renew his prayer for bail before the trial court itself.
(Hemant Kumar Srivastava, J) A.K.V./- U T