Patna High CourtCR. MISC./60449/2017dismissed

Krishna Yadav @ Kaushal Ji @ Kaushal Yadav v. The State Of Bihar

2018-01-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60449 of 2017 Arising Out of PS.Case No. -421 Year- 2013 Thana -SHERGHATI District- GAYA ====================================================== Krishna Yadav @ Kaushal Ji @ Kaushal Yadav, Son of Tulsi Yadav, Resident of Village- Dewaria, P.S.- Barachatti, Distt.- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2018 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 3.2.2017 passed in Cr.Misc.No. 53853 of 2016 with a direction to the court below to expedite the trial and try to conclude it within a period of nine months. Submission of learned counsel for the petitioner is that till date there is no progress in the trial and the petitioner is languishing in jail custody for 14 months.

Heard learned APP also.

A report dated 19.12.2017 has been received from the court of Additional District and Sessions Judge-VIII, Gaya, from which it appears that the charge has been framed on 17.2.2017 and summons have been issued to the witnesses and the next date fixed in this case on 12.1.2018 for evidence.

Patna High Court Cr.Misc. No.60449 of 2017 (3) dt.03-01-2018 2/2 In the facts and circumstances, I am not inclined to grant bail to the petitioner.

However, since petitioner is in custody for the last 14 months, learned trial court is directed to take all possible steps to ensure presence of the witnesses and conclude the trial as soon as possible. At the same time, Sr. Superintendent of Police, Gaya is directed to ensure the presence of the witnesses in court on the date fixed so that the trial be expedited.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U