Patna High CourtCR. MISC./62624/2017dismissed

Ajay Yadav v. The State Of Bihar

2018-01-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62624 of 2017 Arising Out of PS.Case No. -59 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Ajay Yadav S/o Sri Mushahru Yadav, R/o Village- Jinhara, P.S.- Laxmipur, Distt.- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner.

This is an application for bail in connection with Laxmipur P.S. Case No. 59 of 2015 registered for the offences punishable under Sections 302, 120B, 34, 427 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing but does not hit the deceased and main allegation is against one Bibhuti Pandey.

Submission of learned counsel for the petitioner is that FIR itself shows that firing of petitioner does not hit the deceased and petitioner is in custody for more than two and a half years and one witness has been examined in this case, who has stated about involvement of the petitioner.

Patna High Court Cr.Misc. No.62624 of 2017 (2) dt.12-01-2018 2/2 Heard learned APP and learned counsel for the informant, who has opposed the prayer for bail and informed this Court that all the witnesses have been examined except the I.O. Having heard both sides and 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 expedite the trial and try to conclude it within a period of three months. At the same time, Superintendent of Police, Jamui is directed to ensure the presence of the I.O. in court on the date fixed so that trial be concluded within the same period. If the trial is not concluded within the same period, the petitioner shall be at liberty to renew his prayer for bail before the trial court itself. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U