Sushil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49404 of 2019 Arising Out of PS. Case No.-110 Year-2017 Thana- BALIYA District- Begusarai ====================================================== SUSHIL YADAV Son of Chandradeo Yadav Resident of Village - Kaswadira, P.S.- Baliya, Distt - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 6.10.2018 passed in Cr. Misc. No.60498 of 2018. There is allegation against the petitioner of firing on the deceased causing her death. Submission of the learned counsel for the petitioner is that altogether six witnesses have been examined in this case and five witnesses have remained to be examined but no witness is turning up for evidence. Petitioner is in custody for more than 19 months. .

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, considering the submission that

Patna High Court CR. MISC. No.49404 of 2019(2) dt.07-08-2019 2/2 the witnesses are not turning up for evidence, the learned trial court is directed to expedite the trial.

At the same time, the S.P., Begusarai is directed to ensure the presence of the witnesses in the court including the I.O. and the Doctor so that the trial may be concluded as expeditiously as possible.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T