Patna High CourtCR. MISC./5256/2015dismissed

Pramod Yadav v. The State Of Bihar

2015-04-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5256 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Pramod Yadav S/O Krishna Yadav R/O Vill-Panshari,P.S-Dulhin Bazar,Distt.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.

The petitioner seeks bail in Dulhin Bazar P.S. Case No. 19 of 2014 registered under Sections 302, 120B/34 IPC and Section 27 of the Arms Act.

The wife of the deceased made very specific allegation against the petitioner that while her husband was near his Darwaja, the petitioner took out pistol and fired at his chest and consequently Upendra Yadav, husband of the informant, died. It is submitted that the wife stated in her statement that the deceased had taken meal just before the occurrence, but the Post Mortem Report shows that there was semi digested food in his stomach and in fact, the deceased was a veteran criminal. Considering the fact that it was the petitioner who is alleged to have fired and killed the husband of the informant, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within a period of one year from the date of

Patna High Court Cr.Misc. No.5256 of 2015 (4) dt.29-04-2015 2/2 receipt or production of a copy of this order. It is submitted that the case is pending in a vacant court. Let a copy of this order be sent to the learned Sessions Judge, Patna to transfer the case in a running court so that the trial may be concluded within one year from the date of transfer of the case. (Prabhat Kumar Jha, J) ahk/- U T