Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19475 of 2014 Arising Out of PS.Case No. -10 Year- 2004 Thana -KHAGARIA District- KHAGARIA ====================================================== Dilip Yadav Son of late Gulo Yadav resident of village- Pratarpur, Police Station- Damdari, Distt.- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in custody since 19.01.2010 in S.Tr. Case No.13/2010 arising out of Khagaria (Mufassil) P.S. Case No. 10/2004 for the offence under Sections 147, 148, 149, 302/342 of the I.P.C. and 27 of the Arms Act.

It is submitted on behalf of the petitioner that the petitioner has been languishing in jail almost past five years though there is only a general and omnibus allegation against him. However, after perusing the materials on record and overwhelming evidence against the petitioner as well as others, I am not inclined to grant bail to this petitioner and accordingly, it is rejected.

Patna High Court Cr.Misc. No.19475 of 2014 (3) dt.23-12-2014 2/2 However, taking into consideration the fact that the petitioner has already been in custody for over five years, let the trial be concluded positively within a period of nine months from today. It is made clear that the court below will not grant unnecessary adjournment and proceed on day to day basis so that the trail reaches its logical conclusion.

(Anjana Mishra, J) AnilKrSinha/- U T