Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77350 of 2019 Arising Out of PS. Case No.-124 Year-2015 Thana- KHAIRA District- Jamui ====================================================== CHANDAN KUMAR @ CHANDAN YADAV Son of Sita Ram Yadav Resident of Village-Tetaria, P.S.-Khaira, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2020 Petitioner seeks bail in connection with Khaira P.S. Case No. 124 of 2015, corresponding to S.T. No. 398 of 2017, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Petitioner is named in the FIR and there is allegation against accused persons, including the petitioner of assaulting the deceased and causing his death. It further appears that the case is of the year 2015 and petitioner has appeared on 16.7.2019 and since then he is in custody.

Submission of learned counsel for the petitioner is that there is general and omnibus allegation against all the accused persons and other co-accused persons have been granted bail by order dated 1.5.2017 passed in Cr.Misc.No. 15591 of 2017, by order dated 2.8.2017 passed in Cr.Misc.No.

Patna High Court CR. MISC. No.77350 of 2019(3) dt.04-02-2020 2/3 31586 of 2017, by order dated 17.10.2017 passed in Cr.Misc.No. 49988 of 2017, by order dated 19.12.2017 passed in Cr.Misc.No. 60576 of 2017 and by order dated 20.12.2017 passed in Cr.Misc.No. 55727 of 2017 and petitioner is in custody for more than six months.

Heard learned APP and perused the report submitted by learned trial court, from which it appears that non-official prosecution witnesses have been examined and case is pending only for examination of I.O. and Doctor for which court has taken steps.

In view of above, at this stage I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and conclude the same within a period of six months. At the same time, the Superintendent of Police and Civil Surgeon, Jamui are directed to ensure the presence of the I.O. and the Doctor in court on the date fixed, so that the trial may be concluded within the specified period. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T

Patna High Court CR. MISC. No.77350 of 2019(3) dt.04-02-2020 3/3