Patna High CourtCR. APP (SJ)/3129/2017disposed

Bhupender Prasad Sah v. State Of Bihar And ANR

2017-11-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3129 of 2017 Arising Out of PS.Case No. -327 Year- 2004 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Bhupender Prasad Sah Son of Late Nageshwar Prasad Sah, Resident of Village-Ramnagar, Police Station-Pipra, District-Supoul. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Sharma For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 Heard the parties The appellant seeks regular bail in connection with SC/ST 32C of 2017 arising out of Complain Case No.327C of 2004 for the offences under Section 147, 452 and 365 of the Indian Penal Code and Section 3 (IV), 3(2)(I) of SC/ST (POA) Act. The allegation against the appellant is that he has obstructed the informant while he was taking his son to Punjab and abused him by taking caste name. It further appears from perusal of the record that the case is of the year, 2004 and his prayer for anticipatory bail was rejected in the year, 2012, in spite of that he has appeared in September, 2017. He was absconding in this case. Submission of the learned counsel for the appellant is that he had no knowledge about the same and there was no any

Patna High Court CR. APP (SJ) No.3129 of 2017 (2) dt.10-11-2017 2/2 intention or laches on the part of the appellant. Now the appellant is in custody for two months.

Heard learned Spl. P.P., who has opposed the prayer for grant of bail of the appellant.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the appellant however, considering the fact that the case is of the year, 2004 and now the appellant has appeared in this case, as such the learned trial court is directed to expedite the trial of the appellant and try to conclude it within a period of four months, and if not concluded, he shall release the appellant in connection with Complain Case No.327C of 2004 dated 15.5.2004 to his own satisfaction.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T