Ranjit Yadav @ Karu @ Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2594 of 2018 Arising Out of PS.Case No. -76 Year- 2015 Thana -FATEHPUR District- GAYA =========================================================== Ranjit Yadav @ Karu @ Karu Yadav S/o Late Dhaneshwar Yadav, R/o Vill.- Morbe, P.S.- Fatehpur, District- Gaya.

.... .... Appellant

Versus

The State of Bihar .... .... Respondent =========================================================== Appearance :

For the Appellant : Mr. Dhirendra Kumar Sinha, Adv. For the Respondent : Mr. Binay Krishna, Special P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 29-08-2018 Heard learned counsel appearing for the appellant as well as learned Special Public Prosecutor appearing for respondent-State of Bihar. This criminal appeal has been preferred under Section 14 A (2) of the SC/ST (Prevention of Atrocities) Act against the order dated 05.06.2018 passed by learned Special Judge, SC/ST, Gaya in Fatehpur P. S. Case No. 76 of 2015 corresponding to Trial No. 140 of 2016 by which and whereunder, he rejected the bail prayer of the appellant.

Learned counsel appearing for the appellant challenged the impugned order submitting that the appellant is in jail custody since 24.03.2015 and the charge against him was framed on 21.07.2016 but even after elapse of more than two years, not a single prosecution witness has been examined by the prosecution and as a matter of fact, the appellant is languishing in jail custody without any cogent evidence.

Patna High Court CR. APP (SJ) No.2594 of 2018 dt.29-08-2018 2/2 On the other hand, learned Special Public Prosecutor supported the impugned order arguing that the appellant is said to have shot fire causing death of informant's daughter-in-law. Considering the facts and circumstances of the case as well as submissions of the parties, I do not find any merit in this criminal appeal and, accordingly, this criminal appeal stands dismissed on admission stage itself.

However, the learned court below is directed to expedite the trial of the appellant and try to conclude the same as early as possible and furthermore, the Senior Superintendent of Police, Gaya is directed to procure the attendance of prosecution witnesses and produce them before the learned court below in connection with Trial No. 140 of 2016 within four months from the date of receipt/production of a copy of this order. Let copy of this order be sent to Senior Superintendent of Police, Gaya for needful.

(Hemant Kumar Srivastava, J) SHAHZAD/-Rajeev AFR/NAFR NAFR CAV DATE N.A.

Uploading Date31.08.2018 Transmission Date 31.08.2018