Patna High CourtCR. MISC./48249/2014rejected

Yogendra Rai v. The State Of Bihar

2015-04-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48249 of 2014 Arising Out of PS.Case No. -63 Year- 2013 Thana -AWTARNAGAR District- SARAN ======================================================

1. Yogendra Rai S/o Late Tapi Rai Resident of Village Jhauwan, P.S. Awatarnagar, District Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Digvijay Narayan Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected by a coordinate bench of this court vide order dated 09-05-2014 passed in Cr. Misc. No.4615 of 2014 but submission on behalf of the petitioner is that uptill now, charge could not be framed against the petitioner, particularly, in the circumstance, when the petitioner is in jail custody since 23-07-2013. Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and, accordingly, his prayer for bail in connection with Sessions Trial No. 760 of 2013 arising out of Awtar Nagar P.S. Case No. 63 of 2013 pending in the court of

Patna High Court Cr.Misc. No.48249 of 2014 (4) dt.16-04-2015 Learned Additional Session Judge-V, Saran at Chapra stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possibly, preferably, within nine months from the date of receipt/production of copy of this order.

However, it is made clear that if, trial of the petitioner is not concluded within the above-said period due to laches of the prosecution, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T