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Patna High Court – Orders
Suresh Yadav &Amp; Ors vs The State Of Bihar on 23 March, 2011
                           Cr. Misc. No.45279 of 2010
               1. SURESH YADAV son of Late Chet Lal Yadav,
               2. Ketka Yadav @ Kethaka Yadav s/o Late Chet Lal Yadav
               3. Jai Lal Yadav son of Late Bullo Yadav &
               4. Surya Narayan Yadav son of Late Hari Pd. Yadav
              THE STATE OF BIHAR                                        ...OP

3/ 23.03.2011 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the

offence under sections 302 and other allied sections of the Indian

Penal Code.

It has been submitted by the counsel for the petitioners

that the judgment of the present case is being held up on account of

non-receipt of the lower court records from the High Court.

I find that even though the court below has mentioned

that the judgment is pending awaiting original case record from the

Patna High Court, Patna, but the office reports that no

communication has been received from the trial court calling for the

said records.

However, the Cr. Appeal Section is directed to

immediately send the lower court records to the court of the

Additional Sessions Judge-cum-Fast Track Court No.4, Banka, for

conclusion of trial in Sessions Trial No. 400-B of 1992 so that there

is no further delay in the pronouncement of the judgment.

The court below shall retain Photostat copy of all the

documents and send the original records to the High Court

immediately they have been dealt with by the trial court so that in

case there is any further abscondence of the accused, there is no

further delay in conclusion of trial on account of non-availability of

the records.

In view of the discussions made above, I do not find it a

fit case for grant of bail.

Their prayer for bail is rejected.

JA/-                                              (Anjana Prakash,J.)

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