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Patna High Court

Guddu Kumar Yadav @ Guddu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court ordered the police to secure witness appearances, produce the case diary and antecedent report, and adjourned the matter for six weeks.

Summary

Guddu Kumar Yadav was charged in PS Fatehpur case No.311/2024 and the charges have been framed. The petitioner sought directions for the appearance of witnesses and the production of the case diary. The Patna High Court, after hearing counsel, directed the Senior Superintendent of Police, Gaya, to ensure witness attendance and to submit a report on the next hearing date. The court also ordered the police to provide a legible xerox/carbon copy of the case diary and the antecedent report from the Chief Judicial Magistrate, Gaya. The matter was listed for further hearing after a period of six weeks, with the order to be communicated to the police via fax/e‑mail.

Issues considered

  • Whether the police should be directed to ensure the appearance of witnesses in the pending criminal case
  • Whether the court can order the production of the case diary and antecedent report for the purpose of the proceedings
  • Whether the adjournment of the case for six weeks is appropriate

Subjects

  • Criminal Procedure Code
  • Witness attendance
  • Case diary production
  • Adjournment
  • High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40091 of 2025
                       Arising Out of PS. Case No.-311 Year-2024 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Guddu Kumar Yadav @ Guddu Kumar S/O Virendra Yadav @ Birendra
                 Yadav R/O Village- Bhavari Kala, P.S- Fatehpur, Distt.- Gaya.


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hansraj, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyaya,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-01-2026                    Heard the parties.

                                2. Learned counsel for the petitioner submits that

                   charges have been framed.

                                3. The Senior Superintendent of Police, Gaya Jee

                   is directed to ensure the appearance of the witnesses and

                   submit a report on the next date of hearing.

                                4. List this case after six weeks.

                                5. In the meantime, call for legible xerox/carbon

                   copy of the case diary along with antecedent report of the

                   petitioner from the Court of learned Chief Judicial

                   Magistrate, Gaya in connection with Fatehpur P.S. Case No.

                   311/2024.
              Patna High Court CR. MISC. No.40091 of 2025(4) dt.16-01-2026
                                                          2/2




                                     6. Let a copy of this order be communicated

                        through FAX/ e-mail to the Senior Superintendent of Police,

                        Gaya Jee for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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