Bidya Yadav @ Vidya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9749 of 2016 Arising out of PS.Case No. -35 Year- 2012 Thana -JADOPUR District- GOPALGANJ ====================================================== Bidya Yadav @ Vidya Yadav, Son of Late Bhoj Yadav, resident of VillageNawada, P.S.- Jadopur, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vikas Ratan Bharti, Advocate. For the Opposite Party : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.04.2015 in connection with Jadopur P.S. Case No. 35 of 2012 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the petitioner gave a dagger blow on the abdomen of the informant's father as a result of which the entire intestine came out.

This is the third attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected vide Annexures-1 and 1/A.

A report was called for from the court below regarding the stage of the case. The same is kept at Flag-'X'. It has been

Patna High Court Cr.Misc. No.9749 of 2016 (3) dt.24-08-2016 2/2 reported that only the Investigating Officer is to be examined on behalf of the prosecution.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Jadopur P.S. Case No. 35 of 2012, giving rise to Sessions Trial No. 294 of 2012, pending in the court of the learned A.D.J.-IV, Gopalganj. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of copy of the order.

The District Magistrate, Gopalganj, and the Superintendent of Police, Gopalganj, are directed to ensure that the Investigating Officer is produced in the court on the date fixed by the court below so that the trial could be concluded within the stipulated period as indicated above.

Let a copy of this order be communicated to the District Magistrate, Gopalganj and the Superintendent of Police, Gopalganj.

U.K./- (Sudhir Singh, J) U T