Patna High Court - Orders
Kapil Yadav vs The State Of Bihar on 23 June, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15881 of 2011
Kapil Yadav
Versus
The State Of Bihar
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02/ 23.06.2011Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State.
Initially, case was registered under sections 307, 324/34 of the IPC and 27 of the Arms Act on the basis of the fardbeyan of the deceased. Subsequently, deceased died and section 302 of the IPC was also added. There is specific allegation against the petitioner that he opened fire at the deceased as a result of which deceased died at subsequent stage.
It appears from perusal of the impugned order that the petitioner is languishing in jail custody since 17.6.2005 and the charges were framed on 16.2.2008 but up till now trial of the petitioner could not be completed. It further appears that the learned trial court had already written letter to Senior Superintendent of Police, Patna for procuring the attendance of the prosecution witnesses and for obtaining certain documents but all went in vain.
In view of the aforesaid circumstance, prayer for bail of the petitioner in connection with Sessions trial no. 1217/2005 corresponding to Fatuha P.S. Case no. 143/2004 pending in the court of learned Addl. Sessions Judge II, Patnacity stands rejected.
Let a copy of this order be sent to Senior Superintendent of Police, Patna for taking necessary steps for procuring attendance of prosecution witnesses of Sessions trial no. 1217/2005 as well as for obtaining relevant documents as soon as possible so that the trial court 2 may dispose of the above stated case.
shahid (Hemant Kumar Srivastava,J)