Ganesh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2862 of 2021 Arising Out of PS. Case No.-264 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== GANESH PODDAR Son of Ramchandra Poddar Resident of Village - Jhajha, P.S. - Kusheshwarasthan, District - Darbhanga. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. D.K.Sinha, Sr. Advocate Mr. Girish Chandra Jha, Advocate Mr. Ashish, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-11-2021 Heard learned senior counsel for the appellant and learned Special P.P. for the State.

The instant appeal has been preferred by the sole appellant praying for bail in a case registered under section 307 and other sections of the Indian Penal Code, section 3 (1) (r) (s) of the S.C. and S.T. (Prevention of Atrocities) Act and section 27 of the Arms Act.

As per the prosecution case, the appellant is stated to have resorted to firing hitting the informant in his chest (wrongly mentioned as 'head' in the order dated 14.12.2020). It is submitted by learned senior counsel appearing for the appellant that the earlier application for bail of the appellant was rejected vide order dated 14.12.2020 (Annexure-1). Inspite

Patna High Court CR. APP (SJ) No.2862 of 2021(4) dt.17-11-2021 2/2 of the appellant having surrendered and being in custody since 21.1.2020, there is no progress in the trial in the learned trial court and no chance of the trial concluding in the near future. The appellant has remained in custody for over 1 year 9 months. The appeal is opposed by learned Special P.P. appearing for the State.

Having heard learned counsel for the parties and taking into consideration the specific allegation against the appellant of having fire and having hit the informant in his chest, the Court is not inclined to allow the instant appeal and the same is rejected.

Learned trial court is directed to expedite the trial. Liberty is granted to the appellant to renew his prayer for bail in case there is no substantial progress in the trial within a period of six months.

(Partha Sarthy, J) Saurabh/- U T