Patna High CourtCR. MISC./30015/2015rejected

Jagarnath Yadav @ Pathar Yadav v. The State Of Bihar

2015-07-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30015 of 2015 Arising Out of PS.Case No. -322 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Jagarnath Yadav @ Pathar Yadav, Son of Late Chandradeo Yadav, resident of village - Katseriya, P.S. - Mohania, District - Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Tr. No. 3204 of 2014 arising out of Mohania P.S. Case No. 322 of 2013 registered under Sections 25(1-B)(a) and 26 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 21.07.2014 passed in Cr. Misc. No. 21013 of 2014.

It has been contended that by now the petitioner has remained in custody for over one year and seven months. The prosecution could examine only four witnesses during trial and

Patna High Court Cr.Misc. No.30015 of 2015 (2) dt.09-07-2015 2 / 2 there is no possibility that the trial would be concluded in near future.

Be that as it may, for the reasons assigned in the order dated 21.07.2014, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected.

Since the petitioner is in custody for over one year and seven months, the court below is directed to hold the trial on day-to-day basis and conclude the same as early as possible within six months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail.

(Ashwani Kumar Singh, J.) Sanjeet/- U T