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Patna High CourtCR. MISC./26157/2018dismissed

Bhola Yadav v. The State Of Bihar

2018-05-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26157 of 2018 Arising Out of PS.Case No. -452 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Bhola Yadav S/o Lal Mohan Yadav @ Lal Mohar Yadav, R/o Vill.- Ramjanipur, P.S.- Shiv Narayanpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra,Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties. The petitioner seeks regular bail in connection with Kahalgaon ( Shiv Naryanpur) P.S.Case No 452 of 2016 (G.R. No. 4298 of 2016), registered for the office under Sections 149, 341, 323, 376, 504, 506 of Indian Penal Code and Section 4 of POCSO Act.

Earlier the prayer of the bail of the petitioner was rejected vide order No. 21.07. 2017, passed in Cr. Misc. No. 338971 of 2017 with a direction to conclude the trial of the petitioner. Submission of the learned counsel for the petitioner is that up till now the Trial has not concluded and the petitioner is in custody since 23.12.2016. It appears that out of ten witnesses, six witnesses have already been examined and on the next date is

Patna High Court Cr.Misc. No.26157 of 2018 (3) dt.16-05-2018 2/2 fixed for examination of seventh witnesses.

Heard learned A.P.P. also who opposed the prayed for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners at this stage. However, as the petitioner is in custody since 23.12.2016, the trial Court is directed to expedite the trial and try to conclude the same within reasonable period. With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) Sudha/- U T