Patna High CourtCR. MISC./3311/2020rejected

Tarvin Ansari @ Tanvir Alam @ Tanbir Ansari @ Tanvir Ansari v. The State Of Bihar

2020-10-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3311 of 2020 Arising Out of PS. Case No.-228 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== 1.

TARVIN ANSARI @ TANVIR ALAM @ TANBIR ANSARI @ TANVIR ANSARI S/o Late Taiyab Ansari R/o village- Barwa Barauli, P.S.- Shikarpur, District- West Champaran 2.

Javed Ansari S/o Late Taiyab Ansari R/o village- Barwa Barauli, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate.

For the Opposite Party/s :

Mr.Satyavrat Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2020 This matter has been taken up in virtual Court. Heard the parties.

The petitioners are languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The petitioners are assailants with weapon of cutting which caused death of the informant during course of treatment. The doctor has found five incised wounds on the person of the informant. In the past, prayer for bail was refused on 06.05.2019 in Cr. Misc. No. 11351 of 2019 with liberty to the petitioners to renew prayer for bail if the trial does not take any progress. The impugned order reveals that after the aforesaid

Patna High Court CR. MISC. No.3311 of 2020(3) dt.09-10-2020 2/2 order charges have already been framed and one prosecution witness has been examined and thereafter due to COVID-19 effect trial is not taking any progress.

Considering the nature of allegation against the petitioners who are in custody since 26.06.2018 and 22.06.2018 respectively and subsequent development, I am not inclined to enlarge the petitioners on bail in connection with S. Tr. No. 252 of 2019 arising out of Shikarpur P.S. Case No. 228 of 2018 pending in the Court of learned Additional Sessions Judge-VIII, West Champaran, Bettiah.

Hence, prayer for bail of the petitioners is refused. Learned trial Judge is directed to expedite the trial of the aforesaid case.

SP of the district shall ensure production of the prosecution witnesses at the earliest.

(Birendra Kumar, J) mantreshwar/- U T