Patna High Court
Anil Yadav and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court directed the trial court to close the prosecution evidence and pass judgment.
Summary
The petitioners, members of the Yadav family, filed a petition before the Patna High Court seeking relief in a criminal miscellaneous case arising from a 2004 complaint. They contended that for the past ten years no witnesses have appeared after the examination of only two witnesses, resulting in a stagnant trial. The learned counsel for the petitioner highlighted the lack of progress and the undue delay in the proceedings. The High Court, after hearing counsel for the petitioner, the State, and the opposite party, observed the stagnation and ordered the trial court to close the prosecution evidence and proceed to pass judgment in accordance with law. The Court also directed the trial court to submit a compliance report within a month and listed the case for further hearing after that period.
Issues considered
- Whether the trial should be closed and judgment passed due to the non-appearance of witnesses and prolonged delay in the prosecution evidence?
Subjects
- criminal trial
- evidence closure
- trial delay
- prosecution
- judgment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35860 of 2016
Arising Out of PS. Case No.-1379 Year-2004 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
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1. Anil Yadav s/o Rajendra Yadav.
2. Rajendra Yadav S/o Late Bandelal Yadav.
3. Sunil Yadav, S/o Rajendra Yadav.
4. Sita Devi W/o Rajendra Yadav.
5. Rinku Devi W/o Sunil Yadav. All are resident of Village Gadiahari, P.S. and
Distt. Madhepura.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Prabha Devi w/o Anil Yadav resident of Village- Gadiahari, P.S and District-
Madhepura, presently residing at Gautam Nagar, Ward No. 8, P.S. and
District- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
11 13-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for Opposite Party No.
2.
2. Learned counsel for the petitioner has submitted
that for the last ten years no witness has appeared after
examination of two witnesses.
3. In view of the aforesaid submissions and
considering that no progress has been made in the trial, the
concerned court below is hereby directed to close the evidence
Patna High Court CR. MISC. No.35860 of 2016(11) dt.13-01-2026
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of the prosecution and proceed to pass judgment in accordance
with law.
4. Learned court below is directed to submit a report
to this Court after one month.
5. List this case after one month.
6. Let a copy of this order be communicated through
FAX to Principal District Judge, Saharsa for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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