Ajay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12945 of 2020 Arising Out of PS. Case No.-113 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== Ajay Choudhary, aged about 44 years, Male, S/o Late Fonu Choudhary, Resident of Village- Barni Bazar, P.S.- Dhanarua, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2020 Heard learned counsel for the petitioner, the State and the informant through the virtual court proceeding. The petitioner seeks bail in connection with Sessions Trial No.85 of 2019 arising out of Ekangarsarai P.S. Case No. 113 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

By order dated 03.07.2020, a report has been called for regarding the present stage of the trial in Sessions Trial No.85 of 2019 arising out of Ekangarsarai P.S. Case No.113 of 2018 from the court of learned IInd Additional Sessions Judge, Hilsa, Nalanda.

The report is kept at flag 'B' and learned Sessions Judge submits that the prosecution give up five charge sheeted witness and finally this case is pending for the evidence of I.O.

Patna High Court CR. MISC. No.12945 of 2020(4) dt.27-08-2020 2/2 Summon has been issued against I.O. on 27.02.2020. Due to Covid-19, the trial of this case is hampered and could not be concluded within prescribed period i.e. 08.06.2020. In the facts and circumstances, I am not inclined to enlarge the petitioner on bail. Therefore, the prayer for bail of the petitioner is hereby rejected in connection with Sessions Trial No.85 of 2019 arising out of Ekangarsarai P.S. Case No.113 of 2018 pending in the court of learned IInd Additional Sessions Judge, Hilsa, Nalanda. However, the court below is directed to conclude the trial within six months. If the trial is not concluded within six months, petitioner shall be granted liberty to renew his prayer for bail.

(Anjani Kumar Sharan, J) Nasimul/- U T