High Court Patna High Court - Orders

Jai Chand Yadav vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Jai Chand Yadav vs The State Of Bihar on 24 October, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.13793 of 2011
                           Jai Chand Yadav, S/O-Sri Naresh Yadav
                                            Versus
                                     The State Of Bihar
                                          -----------

04 24.10.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report and it

is specific case of the prosecution that petitioner and first information

report named accused Pappu Yadav along with one unknown person

opened fire on the deceased.

Learned counsel for the petitioner submits that in course

of investigation, the informant has implicated several other persons in

his further statement and almost all the aforesaid persons have already

been granted privilege of bail. It is also submitted by him that

according to prosecution case, three persons opened fire but post-

mortem report reveals that only two gun-shot injuries on the person of

the deceased was found.

Considering the aforesaid facts and circumstances,

nature of allegation as well as criminal antecedent of the petitioner, I

do not feel it proper to release the petitioner on bail. Accordingly, his

prayer for bail in connection with Sessions Trial No. 1079 of 2010

arising out of Barhara (Raghubansh Nagar) P.S. Case No. 133 of 2009

is, hereby, rejected.

However, learned trial court is directed to conclude the

trial of the petitioner within nine months from the date of receipt of

this order and if the trial of the petitioner is not concluded within the
2

above stated period, the petitioner may renew his prayer for bail.

Let this order be communicated to the concerned court

through FAX at the cost of the petitioner.

SHAHZAD                             ( Hemant Kumar Srivastava, J.)