High Court Patna High Court - Orders

Hari Yadav vs State Of Bihar on 30 June, 2010

Patna High Court – Orders
Hari Yadav vs State Of Bihar on 30 June, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.18338 of 2010
                    HARI YADAV son of late Ram Dayal Yadav, resident
                   of village Tarengna, Police Station Bihta, District Patna,
                   ...                          ...Petitioner
                                             Versus
                    THE STATE OF BIHAR ... OPPOSITE PARTY
                   For the Petitioner: Mr. Krishna Pd. Singh, Sr.Advocate
                   For the State     : Mr. Jitendra Kumar Singh, APP
                                          -----------

3 30.06.2010 Heard learned counsel for the petitioner and the

State.

The petitioner is in custody and seeks bail in a case

registered for offences punishable under sections 304(B),

120(B), 201/34 of the Indian Penal Code.

It is submitted that the petitioner’s prayer for bail

had earlier been rejected on 27.10.2009 vide annexure 1.

Learned counsel submits that this is a case of false

implication of the petitioner, inasmuch as the dead body of

the deceased was recovered by the police after 4-5 days of the

occurrence and in fact, the petitioner had informed his in-laws

regarding missing of his wife.

Learned counsel for the State submits that the

prayer of the petitioner for grant of bail after consideration of

the facts and circumstances of the case was rejected by this

Court on 27.10.2009.

Since the prayer of the petitioner for grant of bail
2

was rejected after consideration of the merit of the case on

27.10.2009 and no fresh ground for consideration could be

shown by the learned counsel for the petitioner, I am not

inclined to enlarge him on bail.

This application is, accordingly, rejected.

However, since the concerned Police Station case

was registered in the year 2004 itself and the petitioner is

stated to be in custody since 16.11.2008 coupled with the fact

that the case has already been committed to the court of

Sessions for trial as per the report at Flag ‘X’, it is expected

from the trial court to make all possible efforts for concluding

the trial at the earliest.

SC                            ( Dr. Ravi Ranjan, J.)