Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1454 of 2023 Arising Out of PS. Case No.-341 Year-2021 Thana- CHANDI District- Nalanda ====================================================== PAPPU KUMAR SON OF LATE SUBHASH PRASAD RESIDENT OF VILLAGE -BAHADURPUR , PS CHANDI , DIST NALANDA ... ... Appellant/s

Versus

1.

The State of Bihar BIHAR 2.

SIKANDAR RAVIDAS SON OF SURENDRA RAVIDS RESIDENT OF VILLAGE- YOGIA, PS- CHANDI, DISTT- NALANDA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajeev Kumar, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl.P.P.

Mr.Shyamal Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Special P.P. for the State. This is an appeal u/s 14A(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocity) Amendment Act, 1989, directed against the order dated 21.02.2023, passed by learned Additional District and Sessions Judge- IIIrd- cum- Special Judge, SC/ST, Biharsharif (Nalanda), in connection with Chandi P.S. Case No.341/2021, registered for the offence punishable u/s 341, 323, 302, 504 and 201/34 of the IPC read with section 3(i) (r)(s)(h) and 3(2)(va) of the SC/ST (POA) Act. Earlier, the appeal for bail of the appellant was rejected by this Court vide order dated 19.05.2022, passed in Cr. Appeal

Patna High Court CR. APP (SJ) No.1454 of 2023(4) dt.28-06-2023 2/2 (SJ) No.02 of 2022. Now, the appellant has preferred this appeal for grant of bail.

Vide order dated 29.03.2023, a report was called for, regarding the stage of trial. In compliance thereof, a report sent by learned I/c, Additional District and Sessions Judge 3rd, cumSpecial Judge, SC/ST, Biharsharif, Nalanda at Biharsharif, dated 13.04.2023, is kept at flag 'Z', whereby it is clear that only four witnesses have not been examined and the time likely to be taken in conclusion of the trial is about one year, if parties cooperate. Considering the submissions made in the report, I am not inclined to grant bail to the appellant named above. The prayer for bail is hereby rejected.

Accordingly, the instant appeal is dismissed. However, the trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order and if the trial is not concluded within three months, the appellant shall be released on bail by the learned Court below itself. (Anjani Kumar Sharan, J) pallavi/- U T