Patna High CourtCR. MISC./33895/2017rejected

Shankar Yadav v. The State Of Bihar

2017-10-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33895 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -CHANDAN District- BANKA ======================================================

1. Shankar Yadav Son of late Ramdhani Yadav Resident of VillageSiyatanr, Police Station- Simultala, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2017 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandan P.S. Case No. 127 of 2016, corresponding to Sessions Trial No. 250 of 2017, registered for the offences punishable under Section 394 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 02.03.2017 passed in Cr. Misc. No. 55645 of 2016. Learned counsel for the petitioner submits that the FIR was registered against unknown. During course of investigation one Ghanshyam Kumar was arrested and he confessed his guilt. In pursuance of confession 640 packets of rice were recovered from the house of the petitioner. It is further submitted that Ghanshyam

Patna High Court Cr.Misc. No.33895 of 2017 (4) dt.04-10-2017 Kumar has already been allowed bail vide order dated 22.06.2017 passed in Cr. Misc. No. 23165 of 2017. Kailu Yadav another coaccused has also been granted bail vide order dated 23.03.2017 passed in Cr. Misc. No. 13721 of 2017.

Be that as it may, it appears that 640 looted packets, each containing 25 kg. of rice, were recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Learned Ad hoc Additional Sessions Judge-I, Banka is directed to hold the trial of Sessions Trial No. 250 of 2017, arising out of Chandan P.S. Case No. 127 of 2016 on day-to-day basis and conclude the same within a period of four months from the date of receipt/production of a copy of this order. If the trial is not concluded within a period of four months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) KKSINHA/- U T