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Patna High CourtCR. MISC./30360/2017dismissed

Lotan Yadav @ Lok Nath Yadav v. The State Of Bihar

2017-07-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30360 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Lotan Yadav @ Lok Nath Yadav S/o Late Govind Yadav Resident of Village-Nav Tola, Koakol, P.S. Bardaha (Sikty), District-Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sikty (Bardaha) P.S.Case No. 86 of 2016, G.R.No. 1413 of 2016, S.T.No. 553 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 436, 427, 504 and 302 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the deceased by spade.

It has been submitted on behalf of the petitioner that there is land dispute between the parties from before and, as such, he has falsely been implicated in this case and he is in custody for more than 15 months.

Heard learned APP also.

Patna High Court Cr.Misc. No.30360 of 2017 (3) dt.25-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody for the last 15 months, learned trial court is directed to expedite the trial of the petitioner and try to conclude it preferably within nine months and at the same time Superintendent of Police, Araria is directed to ensure presence of the witnesses in court on the date fixed so that the trial be concluded within the specified period. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U