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Patna High CourtCR. MISC./52076/2017dismissed

Anil Yadav v. The State Of Bihar

2017-12-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52076 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -CHANDAN District- BANKA ====================================================== Anil Yadav S/o Bhagirath Yadav, R/o Village- Thariara, P.S.- Mohanpur, District- Deoghar (Jharkhand).

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2017 Earlier prayer for bail of the petitioner has been rejected by this Court in Cr.Misc.No. 17176 of 2017, vide order dated 13.4.2017 on merit.

Submission of learned counsel for the petitioner is that still the case is at the stage of framing of charge and there is no progress in the case and petitioner is in custody for more than one year, having no criminal antecedent.

Heard learned APP, who has opposed the prayer for bail on the ground that motorcycle of the petitioner was seized in this case which was being used in commission of dacoity. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to proceed with

Patna High Court Cr.Misc. No.52076 of 2017 (3) dt.13-12-2017 2/2 the framing of charge and after framing of charge the trial court is directed to conclude the trial within a period of seven months. At the same time, Superintendent of Police, Banka is directed to ensure the presence of the witnesses in court on the date fixed. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U