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.)