Heman Yadav @ Kakaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49050 of 2014 Arising Out of PS.Case No. -205 Year- 2000 Thana -BARACHATTI District- GAYA ====================================================== Heman Yadav @ Kakaji son of late Husaini Yadav resident of village - Ali Nagar Kashma, P.S. Imamganj, Dist - Gaya.

.. .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate. For the Opposite Party/s: Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 12-08-2015 Heard learned counsel for the parties.

Having regard to the reasons recorded in the order of this Court dated 30.09.2013 rejecting the prayer for bail of the petitioner facing prosecution for offence under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code and Section 25(1-b), 26, 27 and 35 of the Arms Act and Section 17 of the Criminal Law Amendment Act, this Court is not inclined to grant bail to the petitioner inasmuch as the petitioner, having absconded for a period of more than 10 years, had kept the criminal case of the year 2000 pending.

Learned counsel for the petitioner submits that trial of the petitioner has already been commenced and few witnesses have already been examined.

That being so, this Court would direct the trial court to

Patna High Court Cr.Misc. No.49050 of 2014 (4) dt.12-08-2015 2/2 ensure that the trial of the petitioner is expedited and concluded preferably within a period of six months from the date of receipt of a copy of this order.

In order to ensure such expedite disposal of the trial, this Court would also direct the Senior Superintendent of Police, Gaya to ensure that whatever witnesses are required for concluding the trial of the petitioner in connection with Barachatti P.S.Case No. 205 of 2000, must be produced before the concerned trial court within a period of four months from the date of receipt of a copy of this order.

With the aforementioned observation and direction, this application is disposed of.

Let a copy of this order be sent not only to the trial court but also to the Senior Superintendent of Police, Gaya for its compliance in letter and spirit.

(Mihir Kumar Jha, J) Sujit/- U