Patna High CourtCR. MISC./1274/2016rejected

Arbind Yadav v. The State Of Bihar

2016-01-13Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.1274 of 2016 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1274 of 2016 ======================================================

1. Arbind Yadav Son of Devendra Yadav Resident of Village-Sirsi, P.s Bibhutipur, District Samastipur..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bibhutipur P.S. Case No. 59 of 2013 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 15.07.2014 and 06.05.2015 passed in Cr. Misc. No. 17753 of 2014 and 17213 of 2015 respectively, on the ground that the petitioner is in custody since 10.06.2013 and only four prosecution witnesses have been examined out of 13 chargesheet witnesses. Other co-accused are on bail and as such the petitioner also deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.1274 of 2016 (2) dt.13-01-2016 considering that the petitioner is the assailant and as such finding no good ground for reconsideration of prayer of bail of the petitioner, his prayer for bail is hereby again rejected. However, the trial court is again directed to expedite the trial and conclude the same as early as possible, preferably within a period of four months by taking all positive steps and by keeping the same on day to day basis, failing which serious view will be taken.

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