Bhimal Yadav @ Bimal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47025 of 2018 Arising Out of PS.Case No. -249 Year- 2012 Thana -BARH District- PATNA ======================================================
1. Bhimal Yadav @ Bimal Yadav son of late Ramjit Yadav resident of Sdima, P.S. Barh, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 The petitioner seeks regular bail in connection with Barh P.S. Case No. 249/12, registered for offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is of firing on the nephew of the informant causing his death.
It has been submitted on behalf of the petitioner that he has been in judicial custody for last four and half years and uptil now the trial has not concluded and three witnesses are still remained to be examined.
Heard learned A.P.P. also.
Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not
Patna High Court Cr.Misc. No.47025 of 2018 (3) dt.20-09-2018 2/2 inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.
However, since the petitioner has been in judicial custody for last four and half years, the trial court is directed to expedite the trial and conclude the same as soon as possible even by conducting the trial on day to day basis.
At the same time, Senior Superintendent of Police, Patna is also directed to ensure the production of witnesses in the trial court on the date fixed so that the trial be concluded expeditiously.
Above direction must be complied in strict sense and non compliance of the direction of this Court shall be viewed seriously.
(Vinod Kumar Sinha, J) sunil/- U T