Patna High CourtCR. MISC./14159/2020dismissed

Vishal Singh @ Kariya Singh v. The State Of Bihar

2020-06-25Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14159 of 2020 Arising Out of PS. Case No.-64 Year-2017 Thana- BARHARA District- Bhojpur ====================================================== Vishal Singh @ Kariya Singh, aged about 26 years, male, son of Shailendra Singh, resident of village- Keshopur, P.S.- Barahara, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Heard Mr. Makardhwaj Upadhyay, learned counsel for the petitioner and Umanath Misrha, learned Additional Public Prosecutor for the State.

3. On 04.06.2020, the Court had called for a report from trial Court with regard to the stage of trial.

4. Pursuant thereto, a report has been received according to which the case was fixed for judgment on 23rd March, 2020, but due to lockdown, the accused could not be produced before the Court and thus, judgment could not be delivered. It has been indicated that the judgment date in the case was again fixed for 22nd June, 2020. Learned counsel for

Patna High Court CR. MISC. No.14159 of 2020 dt.25-06-2020 2/2 the petitioner submitted that he would be filing the application before the Court agreeing for his appearance through video conferencing from the jail premises itself and the Court may deliver the judgment.

5. Having considered the aforesaid, the Court is not inclined to exercise its discretion in favour of the petitioner and grant him bail, more so when earlier such prayer has stood rejected on merit. Accordingly, the application stands dismissed.

6. However, if an application is filed on behalf of the petitioner praying that his appearance may be noted through video conferencing from the jail premises without his physical presence before the Court, the trial Court shall consider the same and decide with regard to delivering the judgment in light of such petition.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T