Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25305 of 2021 Arising Out of PS. Case No.-79 Year-2019 Thana- SIKARHATTA District- Bhojpur ====================================================== HARENDRA KUMAR Son of Kameshwar Raj Bansi @ Kameshwar Ram Resident of Village - Panwari, P.S.- Sikarhatta, District - Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for bail in connection with Sikarhatta P.S. Case no.79 of 2019 registered under sections 304B, 120B, 201 and 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 28.5.2020 (Annexure-1) passed in Cr. Misc. no.2776 of 2020. Inspite of the petitioner being in custody since 6.7.2019, there is no progress in the trial.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant who submits that there was delay in trial because of Covid-19 pandemic and

Patna High Court CR. MISC. No.25305 of 2021(3) dt.01-09-2021 2/2 the prosecution/informant will examine the witnesses at the earliest without any delay.

A report was called for from the learned trial court and as per the report contained in letter dated 18.8.2021 of the learned Additional Sessions Judge XIII, Bhojpur at Ara, charges have not been framed.

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

Liberty is granted to the petitioner to renew his prayer for bail in case there is no progress in the trial in 6 months of receipt of a copy of this order in the learned trial court. (Partha Sarthy, J) Saurabh/- U T