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Patna High CourtCR. MISC./25906/2020dismissed

Suman Kumar v. The State Of Bihar

2021-01-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25906 of 2020 Arising Out of PS. Case No.-813 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== Suman Kumar, aged about 18 years, male, Son of Chunnu Prasad, Resident of Mohalla - Gur Ki Mandi, P.S. - Alamganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APp ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2021 Heard Mr. Arvind Kumar Mouar, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Alamganj P.S. Case No. 813 of 2019, dated 03.11.2019, instituted for the offences under Sections 302, 201, 364 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.25906 of 2020(4) dt.04-01-2021 2/3 By order dated 23.11.2020, this Court had called for a report about the stage of the case, which report has since been received.

It appears from the report that because of the COVID-19 pandemic, charges have not yet been framed in this case. The last date fixed in the case for framing of charges was 21.12.2020.

Considering the nature of accusation against the petitioner, this Court is not inclined to grant bail to him for the present.

The prayer for grant of bail of the petitioner is, accordingly, rejected.

However, the Trial Court is directed to frame charges in this case at the earliest and dispose off the trial within a period of nine months from today.

If there is no substantial progress in the trial and which delay would not be attributable to the petitioner, he would be at liberty to approach the Trial Court for grant of bail and in that event, the

Patna High Court CR. MISC. No.25906 of 2020(4) dt.04-01-2021 3/3 Trial Court would be required to state the reasons for non-conclusion of the trial within the aforesaid period.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T