Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22457 of 2015 Arising Out of PS.Case No. -61 Year- 2012 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Bablu Yadav son of Parmanand Yadav Resident of village - Masti Fathehpur, Police Station - Muffasil (Lakho O.P.), District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2015 Heard both sides.

Petitioner seeks bail in a case registered for the offences punishable under sections 395 and 412 of the Indian Penal Code.

Petitioner is not named in the F.I.R. It is submitted that the name of the petitioner figured in the case in the confessional statement of Chandan Yadav. Chandan Yadav has already been enlarged on bail vide order passed in Criminal Misc. No. 13156 of 2014. Petitioner is rotting in jail for about three years.

It appears from perusal of the record that the petitioner was apprehended. He was put on T.I. parade and he along with other accused persons including Chandan Yadav was

Patna High Court Cr.Misc. No.22457 of 2015 (4) dt.15-09-2015 duly identified by the informant. From possession of Chandan Yadav looted motor cycle of the informant was recovered. From possession of the petitioner A.T.M. cards, voter identity card of wife of the informant were recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 325 of 2012 arising out of Chautham P.S. Case No. 61 of 2012 pending in the court of the learned 3rd Additional Sessions Judge, Khagaria. His prayer for bail is, accordingly, rejected. The learned trial court is directed to expedite the trial and conclude the same within nine months. If the trial is not concluded within the time aforesaid, the petitioner may renew his prayer for bail firstly in the trial court.

The Superintendent of Police, Khagaria is directed to ensure attendance of the witnesses in course of trial on the date fixed.

Let a copy of this order be communicated to the Superintendent of Police, Khagaria forthwith for needful. (Prabhat Kumar Jha, J) Amin/- U