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Patna High CourtCR. MISC./26938/2020dismissed

Chandradeo Kumar v. The State Of Bihar

2021-01-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26938 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Chandradeo Kumar, aged about 24 years, male, S/o Vishwanath Ray, Resident of Village-Jethuli, Police Station-Nadi, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2021 Heard Mr. Shyamal Prakash, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 833 of 2019 arising out of Nadi P.S. Case No. 77 of 2019, dated 23.03.2019, instituted for the offences under Sections 341, 323, 387, 504, 364 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.26938 of 2020(5) dt.04-01-2021 2/3 By order dated 19.10.2020, 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 charges in this case have been framed on 23.08.2019 but witnesses have not been examined, perhaps because of the COVID-19 pandemic.

Considering the nature of accusation against the petitioner, I am 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 conclude the trial at the earliest, preferably within a period of one year 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 Trial Court would be required to state reasons for non-

Patna High Court CR. MISC. No.26938 of 2020(5) dt.04-01-2021 3/3 conclusion of the trial within the aforesaid period. The application stands dismissed.

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