Kallu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.446 of 2023 Arising Out of PS. Case No.-88 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== KALLU BIND S/o Raghunath Bind R/o Village- Sarangpur, P.S.- Bhabua, Distt- Kaimur at Bhabua.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Tribhuwan Narayan, Adv.
For the Respondent/s :
Mr.Binay Krishna, Spl.P.P.
Mr.Pawan Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2023 Heard learned counsel for the appellant, learned Spl.P.P. for the State and learned counsel for the respondent no.2. This is an appeal under section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 30.09.2022, passed by learned Additional Sessions Judge- 1st -cum-Special Judge, Kaimur at Bhabua, in connection with Bhabhua P.S. Case No.88 of 2021, registered u/s 302, 379/34 of the IPC, 27 of Arms Act and 3(2)(V) of the SC/ST Act. Vide order dated 15.02.2023, a report was called for, regarding the stage of trial. In compliance thereof, a report is sent by learned A.D.J. 1st cum Spl. Judge, Kaimur at Bhabua,
Patna High Court CR. APP (SJ) No.446 of 2023(3) dt.15-03-2023 2/2 whereby it is submitted that out of ten witnesses, filed witnesses have been examined and cross-examined. Four prosecution witnesses namely Sohan Sah, Rajesh Ram, Munna Prasad and Ashok Kumar Bind expunged in light of petition dated 25.05.2022 filed by informant and vide order dated 08.06.2022. I.O. has been examined and part cross-examined. Non-Bailable warrant issued against I.O. and summons issued to Dr. Vinay Kr. Tiwary. Next date fixed for prosecution evidence is 13.03.2023. Considering the submissions made in the report, I am not inclined to grant bail to the appellant named above. The prayer for bail is hereby rejected.
Accordingly, the appeal is dismissed.
However, the trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. (Anjani Kumar Sharan, J) pallavi/- U T