Monu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18109 of 2021 Arising Out of PS. Case No.-175 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== MONU SINGH Son of Late Rajendra Singh Resident of Village- Bhorhan, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Anbzarul Haque Sahara, APP For the Informant :

Mr. Ritesh Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for regular bail in connection with a case registered under sections 302 and 34 of the Indian Penal Code.

As per allegations in the FIR, the petitioner is stated to have assaulted the informant's brother with a knife leading to his death.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 3.12.2018 and there is no progress whatsoever in the learned trial Court and not a single witness has been examined on behalf of the prosecution. From perusal of the report received from the learned

Patna High Court CR. MISC. No.18109 of 2021(3) dt.25-08-2021 2/2 Court below as contained in letter dated 10.8.2021 it transpires that although charge was framed on 22.8.2019, no witness has been examined on behalf of the prosecution.

Heard learned APP for the State and learned counsel for the informant. Learned counsel appearing for the informant submits that the witnesses could not be examined because of Covid-19 pandemic and physical hearing in Courts not taking place. He assures that prosecution witnesses will be produced and examined in the learned Trial Court on each date without any delay.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations against the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The petitioner will be at liberty to renew his prayer for bail after six months in case there is no progress in trial in the learned Court below.

(Partha Sarthy, J) Prakash/- U