Talo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43215 of 2017 Arising Out of PS.Case No. -116 Year- 2008 Thana -FATEHPUR District- GAYA ======================================================

1. Talo Yadav, Son of Late Phucha Yadav, Resident of Village- Parasatari, P.S.- Chauparan, District- Hazaribagh (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 116 of 2008, registered for offences punishable under Sections 147, 148, 147, 323, 307, 302, 504, 506 and 120(B) of Indian Penal Code.

Allegation against the petitioner and two other accused persons is of assault to the deceased by means of tangi due to which he died.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no specific allegation has been made against him and other co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 03.04.2013 passed in Cr. Misc. No. 13760 of 2013 and vide order dated 15.05.2013 passed in Cr. Misc. No. 16485 of

Patna High Court Cr.Misc. No.43215 of 2017 (3) dt.09-10-2017 2/2 2013 and petitioner has been in judicial custody for last ten months.

Learned counsel for the state opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and also the fact that petitioner is named in the F.I.R and the case is of the year 2008, but he has appeared in the year 2017, as such, I am not inclined to release the petitioner on bail, at this stage, his application for regular bail is, accordingly, dismissed However, the trial court is directed to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, the Trial Court shall release the petitioner on bail to his own satisfaction. (Vinod Kumar Sinha, J) sunil/- U T