Amod Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21858 of 2020 Arising Out of PS. Case No.-94 Year-2018 Thana- DESARI District- Vaishali ====================================================== AMOD GIRI Son of Late Ramsresht Giri Resident of Village - Bihjadi, P.S.- Desari (Sahadai O.P.), Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Desari (Sahdai O.P.) P.S. Case No. 94 of 2018 (S. Tr. No. 57/19) instituted for the offences under Sections 341, 307, 504, 506/34 of the Indian Penal Code in which section 302 IPC was added later. The prosecution case in short is that the accused persons assaulted the bhainsur of the informant due to which he sustained injury and later succumbed to the injury. The earlier bail application of the petitioner was

Patna High Court CR. MISC. No.21858 of 2020(3) dt.17-09-2020 2/2 rejected vide Annexure-1 to the present application taking into account that the petitioner was one of the assailants and the injury caused by the petitioner was on the vital part of the body and the post-mortem report corroborated the allegations made in the F.I.R..

A report was called for from the Trial Court. It has been reported that the trial is expected to be concluded within a period of nine months.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of nine months from the date of restoration of normalcy.

(Sudhir Singh, J) Pankaj/- U T