Bhusan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1706 of 2021 Arising Out of PS. Case No.-161 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BHUSAN PASWAN Son of Gango Paswan Resident of Village - Sahuri , P.s.- Birpur, Distt.- Begusarai.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sada Nand Roy For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

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 bail vide order dated 23.07.2019, passed by learned Special Judge SC/ST Act, Begusarai in connection with Begusarai Muffasil P.S. Case No. 161 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506, 34 of the IPC, Section 27 of the Arms Act and Sections 3(i) (r) (s)/ 3(2) (v) of SC/ST Act. In pursuance to the order dated 17.11.2021, status report of trial in connection with the aforesaid case has been received, in which it is reported that in this case seven witnesses have been examined till now and two prosecution witnesses have been dropped from the list of witnesses on the request of

Patna High Court CR. APP (SJ) No.1706 of 2021(4) dt.24-03-2022 2/2 prosecution and now only the investigation officer of this case is left to be examined. However, the prosecution has now filed an application under Section 311 Code of Criminal Procedure for recalling of the three doctors who have already been examined which is pending for order on 02.12.2021.

Considering the present stage of the trial, I am not inclined to enlarge the appellant on bail. Accordingly, his payer for bail is rejected in connection with Begusarai Muffasil P.S. Case No. 161 of 2019 pending before the court of the learned Special Judge SC/ST Act, Begusarai.

Accordingly, the appeal is dismissed. However, Trial Court is directed to conclude the trial as expeditiously as possible within a period of six months from the date of initiation of normal physical proceeding and /or through Video Conferencing and S. S.P., Begusarai is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

If trial is not concluded within the stipulated period, the appellant would be at liberty to renew his prayer for bail. (Anjani Kumar Sharan, J) devendra/- U T