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Patna High CourtCR. APP (SJ)/807/2022bail rejected

Arvind Singh v. The State Of Bihar

2022-08-10Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No 807 of 2022 Arising Out of PS. Case No.-128 Year-2019 Thana- EKMA District- Saran ====================================================== ARVIND SINGH SON OF SHIV NARAIN SINGH @ SHIV NARYAN SINGH R/O VILLAGE- KARNPURA AMDHARI, P.S.- EKMA, DISTRICTSARAN AT CHAPRA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shail Devi wife of Dilip Sharma vill P.S.- Ekma Dist- Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr Bindhyachal Singh, Sr Advocate with Mr Ram Binod Singh, Advocate For the S t a t e :

Mr Sadanand Paswan, Special PP For Respondent No 2 :

Mr Gaurav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 10-08-2022 Heard learned senior counsel appearing for the appellant and the learned Special Public Prosecutor appearing for the State of Bihar. Respondent No 2 is also represented through Mr Gaurav Kumar, Advocate.

2 This appeal has been filed against the order dated 29.11.2021 passed by Additional Sessions Judge III -cum- Special Judge, Scheduled Castes and Scheduled Tribes (for brevity, SC/ST)

Patna High Court CR. APP (SJ) No.807 of 2022 dt.10-08-2022 2/3 (Prevention of Atrocities) Act, Saran at Chapra rejecting the prayer for bail of the appellant in SC/ST Trial No 164 of 2019 arising out of Ekma Police Station Case No 128 of 2019 instituted for the offence punishable under Sections 302, 307, 506/34 of Indian Penal Code, Section 27 of Arms Act and Sections 3 (i) (r) (w), 3

(2) (v), 3 (2) (va) of SC/ST Act, 1989.

3 Prayer for bail of the appellant was earlier rejected by this Court by order dated 04.12.2020 passed in Criminal Appeal (SJ) No 1340 of 2020 (Annexure 1). Criminal Appeal (SJ) No 3833 of 2021 was disposed of granting liberty to the appellant to approach the Court below first.

4 This Court, in the circumstances, has called for a report from the Trial Court. The report is to the effect that 4 out of 6 chargesheeted witnesses have already been examined. 5 In view of the aforesaid circumstance, this Court would consider it appropriate to dispose of this appeal with an observation that the trial Court should make all endeavours to conclude the trial expeditiously, without any unnecessary or undue delay.

6 Respondent No 2 has also submitted that the informant shall fully cooperate for ensuring the conclusion of trial at the earliest.

Patna High Court CR. APP (SJ) No.807 of 2022 dt.10-08-2022 3/3 7 With the aforesaid observation, prayer for bail is again rejected. This appeal is, accordingly, dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2022 Transmission Date 16.08.2022