Yodha Musahar @ Yoddha Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16767 of 2021 Arising Out of PS. Case No.-96 Year-1998 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Yadha Musahar @ Yoddha Musahar, S/o Ganesh Musahar, Resident of VillChhotaki Sasarm, P.S.- Udwantnagar, Dist- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceedings.

Petitioner seeks bail in Udwantnagar P.S. Case No.96 of 1998, registered for the offences punishable under Sections 302, 323 and 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner along with his father assaulted the husband of the informant with danda and lathi on different parts of his body and due to assault, the husband of the informant died.

By order dated 14.07.2021, report was called for in the present case regarding the stage of trial and the time likely to be taken in conclusion of the trial. From perusal of the report at Flag 'A' sent by learned Additional District & Sessions Judge-

Patna High Court CR. MISC. No.16767 of 2021(3) dt.22-10-2021 2/2 XI, Bhojpur, Ara, it appears that four witnesses including the informant have been examined, but due to COVID-19 guidelines, other witnesses could not be examined. It is also reported that the record shall be disposed of within six months when normal proceeding in court resumes.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

However, the learned trial court is directed to conclude the trial within a period of six months. The Superintendent of Police, Bhojpur, Ara shall ensure the production of the witnesses in the trial court on the date fixed by the learned court below.

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