Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12167 of 2022 Arising Out of PS. Case No.-83 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== ABHISHEK KUMAR son of Late Ganesh Rai Resident of Village - Khirkhaua, P.S. Bhagwanpur, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tandon, Advocate Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-05-2022 Heard Mr. Dilip Kumar Tandon, learned Advocate for the petitioner and the State.

The prayer for bail of the petitioner was earlier rejected vide order dated 06.01.2021 passed in Cr. Misc. No. 25903 of 2020.

He is the husband of the deceased.

While rejecting his prayer for bail, this Court had directed that if the trial is not concluded within a period of nine months, the petitioner would be at liberty to approach the trial court for grant of bail.

Following the aforesaid directions, the petitioner approached the trial court for grant of bail as in nine months, there had been no substantial progress in the trial. The court

Patna High Court CR. MISC. No.12167 of 2022(4) dt.11-05-2022 2/2 below has passed an order dated 24.01.2022 in which he has explained the reasons for not concluding the trial. Three witnesses till the time the order was passed, had already been examined and all steps had been taken for compelling the attendance of other witnesses. Considering the afore-noted circumstances and the accusation against the petitioner, I am not inclined to grant bail to him for the present.

Accordingly, the prayer for bail is rejected. The trial court is directed to conclude the trial positively within a further period of seven months, failing which the petitioner shall have the liberty to approach this Court again. With the aforesaid direction/observation, the petition stands disposed off.

(Ashutosh Kumar, J) krishna/- U T