IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42827 of 2009 GULSHAN KUMAR YADAV @ GULSHAN KUMAR Son of Sri Shambhu Yadav, Resident of Village- Chukati, P.S. Mansi, District-Khagaria. Versus STATE OF BIHAR ----------- 2 16/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing allegation for the offence under sections 386/34 of the Indian Penal Code, has his defence that the prosecution has invented wholly a false case of demanding rangdari of Rs.50,000/- or taking away Rs.12,000/- from the cash box of the shop of Informant. Counsel also submits that other part of the prosecution story that the petitioner had taken away wine appertaining to Rs.5,000/- or that the group of persons headed by the petitioner had opened fire or had damaged the establishment of shop of the Informant, also does not stand corroborated in course of investigation of this case. Counsel further submits that the petitioner is aged about 20 years and is a student, as such he should be released on bail. Apart from the fact that there is specific allegation against the petitioner of demanding Rangdari as also looting the shop of the Informant, it has been found from the case diary by the court below itself that the 2 petitioner has criminal antecedent. In that view of the matter, the plea of learned counsel for the petitioner that the petitioner was also pursuing his further study and in fact was preparing for competitive examination in Patna, would not inspire confidence. That apart, the period of custody of the petitioner being 22.10.2009 in relation to the F.I.R. lodged on 21.7.2008 naming him as the main accused would also only go to show that the petitioner had remained away from the Court for no justified reason. That being so, prayer for bail of the petitioner, for the reasons indicated above, is hereby rejected. The court below is, however, directed to ensure that trial of the petitioner is expedited and is completed preferably within a period of one year from the date of receipt/production of a copy of this order. Abhay Kumar (Mihir Kumar Jha, J.)