IN THE HIGH COURT OF JUDICATURE AT PATNA
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
...Petitioners
Versus
THE STATE OF BIHAR ...OP
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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
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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.)
