Patna High CourtCR. MISC./26777/2018dismissed

Manoj Yadav v. The State Of Bihar

2018-05-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26777 of 2018 Arising Out of PS.Case No. -237 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Manoj Yadav S/o Late Chanariya Yadav, R/o vill.- Kapandi, P.S.- Pakribarawan, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 07.07.2017 passed in Cr. Misc. No. 21854 of 2017 with a direction to expedite the trial and try to conclude it within a period of nine months.

The petitioner is not named in the F.I.R. and his name transpires during course of investigation as witnesses have suspected the petitioner as he earlier threatened to kill the deceased.

Submission of the learned counsel for the petitioner is that he is in custody since 10.01.2017 and the petitioner is named only on the basis of suspcition.

Heard learned A.P.P. who opposes the prayer for bail

Patna High Court Cr.Misc. No.26777 of 2018 (3) dt.16-05-2018 2/2 and perused the report from which it appears that eleven witnesses have been examined out of fourteen charge sheeted witnesses and the case is pending for examination of rest of the witnesses. Learned A.P.P. opposes the prayer for bail.

In view of the facts and circumstances discussed above, let the petitioner, above named, I am not inclined to grant bail to the petitioner.

However, since the petitioner is in custody since 10.01.2017 and learned Trial Court is directed to expedite the trial and try to conclude the trial within the prescribed time, as assured by him.

With the aforesaid observation, this application is dismissed.

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