Patna High CourtCR. MISC./41905/2015rejected

Anup Yadav v. The State Of Bihar

2016-03-02Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.41905 of 2015 (06) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41905 of 2015 Arising Out of PS.Case No. -116 Year- 2008 Thana -FATEHPUR District- GAYA ======================================================

1. Anup Yadav S/o Late Bisun Yadav, resident of Village- Ambatari, P.S.- Chauparan, District- Hazaribagh ( Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar-Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-03-2016 In pursuance of order dated 03.02.2016, the Senior Superintendent of Police, Gaya, Jail Superintendent, Gaya and I.G. (Prison) are physically present. The show-cause has been filed on behalf of the I.G. (Prison), the Jail Superintendent, Gaya. No show-cause has been filed on behalf of the Senior Superintendent of Police, Gaya over which, the learned Additional Public Prosecutor submits that inadvertently her presence has been left while preparing the show-cause, accepted.

Considering that the order has already been complied with by way of production of the petitioner and further, having the charge framed, the Senior Superintendent of Police, Gaya has assured production of witnesses on each and every date, enabling the Court to conclude the trial within six months.

Patna High Court Cr.Misc. No.41905 of 2015 (06) dt.02-03-2016 That being so, the show-cause is accepted, physical presence of the Senior Superintendent of Police, Gaya, the Jail Superintendent, Gaya and the I.G. (Prison) are hereby dispensed with.

In likewise manner, the learned lower Court is directed to proceed with the trial on day to day basis on production of witnesses at the end of the Senior Superintendent of Police, Gaya and will endeavour to conclude the trial within the aforesaid stipulated period of six months.

In the aforesaid changed scenario coupled with the allegation which the petitioner carries, I do not see it a fit case for reconsideration at the present moment.

Accordingly, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T