Patna High CourtCR. APP (SJ)/875/2020disposed

Vinod Kumar @ Vinod Sharma v. The State Of Bihar

2020-09-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.875 of 2020 Arising Out of PS. Case No.-23 Year-2000 Thana- DEOKUND District- Aurangabad ============================================== VINOD KUMAR @ VINOD SHARMA S/o Nagendra Kumar Sharma @ Nagendra Sharma Resident of Village - Senari, P.S.- Karpi, Distt- Arwal ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Shivendra Prasad, Adv.

For the Respondent/s :

Mr.Usha Kumari 1, Spl. P.P.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-09-2020 Heard Mr. Shivendra Prasad, learned counsel for the petitioner and Ms. Usha Kumari No. 1, learned Special. P.P. for the State.

This appeal is directed against the order dated 14.01.2020 passed by the learned 1st Additional Sessions JudgeCum-Special Judge, Aurangabad in connection with Sessions Trial No. 157 of 2017 and CIS No. 150 of 2013 arising out of Deokund (Uphara) P.S. Case No. 23 of 2000, registered for the offences under Sections 147, 148, 149, 341, 307, 302 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of the Criminal Law Amendment Act, Section 3(II) (V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3/4 of the Explosive Substances Act, whereby the prayer for grant of bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.875 of 2020(7) dt.21-09-2020 2/2 This Court had on 05.06.2020 asked for a report from the court below about the stage of the case, which has been received. The report indicates that five witnesses have been examined. The next date fixed in this case is 20.07.2020 for prosecution evidence.

Considering the accusation in the First Information Report, I am not inclined to grant bail to the petitioner for the present.

However, the trial court is directed to expedite and conclude the trial within a period of nine months from the date of receipt / production of a copy of this order. In case no substantial progress is made in the trial, the petitioner would be at liberty to move for bail before the learned Trial Court. In that event, the Trial Court would be required to state the reasons as to why the trial has not been concluded within the aforesaid period.

The petition stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U