Kamal Kishore Kamal@ Kamal Kishore Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.12849 of 2021 Arising Out of PS. Case No.-2 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== KAMAL KISHORE KAMAL @ KAMAL KISHORE MANDAL S/O Dashrath Mahto Resident of Village - Salkhanni, Police Station - Bibhutipur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s :
Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-06-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is the third attempt of petitioner to obtain bail from this Court. Earlier the prayer for bail of the petitioner was rejected in Cr. Misc. No. 29203 of 2018 and thereafter in Cr. Misc. No. 14854 of 2019. While disposing of Cr. Misc. No. 14854 of 2019, this Court vide order dated 01.08.2019 observed that the trial court shall expedite the trial and make all efforts to conclude the trial preferably within a period of nine months. The grievance of learned counsel for the petitioner is that trial has yet not been concluded. Learned counsel, however, informed
Patna High Court CR. MISC. No.12849 of 2021(2) dt.15-06-2021 2/2 this Court that the evidences have been closed and now the case is fixed for hearing.
In the aforesaid view of the matter, learned A.P.P. for the State submits that considering the pandemic situation which is in place since last year, this Court may dispose of this application giving some time to learned trial court to hear and dispose of this matter finally.
Considering the aforesaid submissions of learned A.P.P. for the State and agreeing with the same, this Court directs the learned trial court to fix the case for hearing on day to day basis and conclude the trial and dispose of the matter within a maximum period of three months from the date of receipt/production of a copy of this order.
If the trial remains unconcluded for no reason attributable to the petitioner, the petitioner may renew his prayer for bail after three months.
This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.