Chandra Dev Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46911 of 2018 Arising Out of PS.Case No. -326 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandra Dev Yadav, S/o Late Kanhai Yadav,

2. Ajay Yadav @ Munakka Yadav, S/o Chandra Dev Yadav, Both are R/o Vill.- Bagahi Bahuathawa, P.S.- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Sanjay Kumar No. 7, Advocate.

Mr. Anant Kumar Mishra, Advocate.

For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of petitioner was earlier rejected vide order dated 04.04.2017 passed in Cr. Misc. 9335 of 2017. Report was called for from the court below which has been received wherein it is mentioned that this Court vide order dated 25.07.2018 passed in Cr. Misc. 9273 of 2018 has granted three months more time to dispose off the case. The Trial Court has mentioned in the report that seven out of eight prosecution witnesses have been examined. Only Investigating Officer of the case is left for examination.

In such circumstances, since by order dated 25.07.2018

Patna High Court Cr.Misc. No.46911 of 2018 (3) dt.05-09-2018 2/2 passed in Cr. Misc. 9273 of 2018, three months time has already been given by this Court to conclude the trial, this Court is not inclined to pass any order with regard to bail of the petitioner in the instant bail petition.

The prayer for bail of the petitioner stands rejected. The court below is directed to conclude the trial within aforesaid period as mentioned in the order dated 25.07.2018 passed in Cr. Misc. 9273 of 2018.

It is made clear that no further time will be given to the Trial Court for disposal of trial.

The petitioner will be at liberty to move for prayer of bail in the court below itself if the trial is not concluded within aforesaid period as directed by order dated 25.07.2018, which will be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T