Suryadev Singh @ Surajdeo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.30114 of 2016 (3) dt.17-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30114 of 2016 Arising Out of PS.Case No. -35 Year- 2014 Thana -KHUDWAN District- AURANGABAD ======================================================

1. Suryadev Singh @ Surajdeo Yadav Son of Late Vishun Singh resident of Village- Bharatpur, P.S. - Kudwan, District: Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 17.10.2016 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 and other minor sections of the Indian Penal Code. Petitioner is said to have assaulted the deceased by brick causing injury on his head. The post mortem report, prima facie, corroborates the allegation.

Submission on behalf of the petitioner is that the petitioner is in jail custody for more than one and half year and having more or less similar allegation one co-accused Madheshwar Singh has already been granted privilege of bail.

The learned trial court has reported that trial of the petitioner has already commenced and up till now, four prosecution

Patna High Court Cr.Misc. No.30114 of 2016 (3) dt.17-10-2016 witnesses have already been examined.

Considering the nature of the allegation levelled against the petitioner as well as present stage of the case, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial no. 253 of 2015/ 65 of 2015 arising out of Kudwan P.S. Case no. 35/2014 pending in the court of Addl. Sessions Judge III, Aurangabad stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within six months from the date of receipt/production of a copy of this order, failing which the petitioner may renew his prayer for bail before the trial court itself.

shahid (Hemant Kumar Srivastava,J) U T