Rambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1939 of 2016 Arising Out of PS.Case No. -19 Year- 2006 Thana -NAURANGIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rambhu Yadav son of Suryabali Yadav, resident of Village- Kailash Nagar, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The victim has named the petitioner in his statement and stated about the participation of the petitioner in the alleged crime, which has been registered under Section-364A of the Indian Penal Code. The alleged occurrence took place in the year, 2006 but the petitioner could be remanded in this case in the year, 2013.

Contention on behalf of the petitioner is that having more or less similar allegation, several co-accused have already been granted privilege of bail by different benches of this court and moreover, the petitioner voluntarily, surrendered before the police and in some of the cases, he has already been granted

Patna High Court Cr.Misc. No.1939 of 2016 (4) dt.09-03-2016 privilege of bail. It is further submitted that there is no possibility of tampering with the prosecution evidence and moreover, there is nothing on the record to show that the petitioner will abscond after grant of bail.

Regard being had to the facts and circumstances of the case as well as submission of the parties and also taking note of criminal antecedent of the petitioner, I am not inclined to release the petitioner on bail at least, at this stage and accordingly, his prayer for bail in connection with Naurangiya P.S. Case No. 19 of 2006 corresponding to Sessions Trial No. 15 of 2014 pending in the court of learned Additional District & Sessions Judge-II, Bagaha, West Champaran stands rejected.

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

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