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Patna High CourtCR. MISC./15402/2021dismissed

Vishal Kumar @ Rohan Kumar v. The State Of Bihar

2021-08-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15402 of 2021 Arising Out of PS. Case No.-491 Year-2018 Thana- GARKHA District- Saran ====================================================== Vishal Kumar @ Rohan Kumar, Son of Rana Lal Yadav, Resident of Village/Mohalla - Narayanpur, Gudri Bazar, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

By order dated 26.06.2020, the prayer for bail of the petitioner was rejected in Cr. Misc. No.488 of 2020. By order dated 28.07.2021, status report in connection with S. Tr. No.637 of 2019, arising out of Garkha P.S. Case No.491 of 2018 was called for.

Perused the report at Flag- 'P' in which the learned

Patna High Court CR. MISC. No.15402 of 2021(3) dt.25-08-2021 2/2 Additional District & Sessions Judge-VII, Chapra, Saran reported that the charge has been framed against the petitioner. The prosecution has not produced any witness for examination. The case is pending for evidence of the prosecution. No work is being done due to Covid-19 pandemic.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Garkha P.S. Case No.491 of 2018, giving rise to S. Tr. No.637 of 2019.

This application is dismissed.

However, the trial court is directed to expedite the trial and conclude the same preferably within a period of nine months. Both the sides have to co-operate in disposal of the trial. At the same time, the Superintendent of Police, Saran is directed to ensure the production of the witnesses in the learned court below on the date fixed so that the trial must be concluded within the period as prescribed above.

(Anjani Kumar Sharan, J) S.KUMAR/- U T