Patna High CourtCR. MISC./2103/2023dismissed

Dinesh Yadav @ Dinesh Kumar v. The State Of Bihar

2023-03-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2103 of 2023 Arising Out of PS. Case No.-176 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== DINESH YADAV @ DINESH KUMAR Son of Late Chandrika Rai R/VBalamichak, Anishabad, PS- Gardanibagh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Sessions Trial No. 624 of 2018 arising out of Gardanibagh P.S. Case No. 176 of 2018 registered for the offence under Sections-302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was one of the assailants. A report was called for from the trial court. It has been reported that out of 11 prosecution witnesses, one prosecution witness has already been examined and the trial is likely to be concluded within a period of eleven months.

Patna High Court CR. MISC. No.2103 of 2023(3) dt.22-03-2023 2/2 Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of nine months from the date of receipt/production of copy of this order, if necessary, on day-today basis. The District Magistrate and the Sr. Superintendent of Police, Patna are directed to produce the prosecution witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months. Let a copy of this order be communicated to the District Magistrate and the Sr. Superintendent of Police, Patna for needful.

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