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Patna High CourtCR. MISC./33685/2019dismissed

Lal Bahadur Sardar v. The State Of Bihar

2020-06-29Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.33685 of 2019 Arising Out of PS. Case No.-107 Year-2017 Thana- KURSAKANTA District- Araria ====================================================== Lal Bahadur Sardar, S/o Gonar Sardar, R/o village- Mathaganj, Ward No. 09, P.S.- Rangeli, District- Morang (Nepal) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 On repeated call, learned counsel for the petitioner has not joined the proceeding. He has telephonically informed to the Bench Officer that though link is available with him but he is outside the Station hence, he is unable to connect. On the direction of this Court, learned counsel has been connected over telephone and has been heard. The Court also express it's strong displeasure on the manner in which even though the Court is opened and the proceedings are going on and learned counsel was aware of the date fixed, he chose to remain absent.

However, after hearing learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the informant as also upon perusal of the fresh report dated

Patna High Court CR. MISC. No.33685 of 2019(5) dt.29-06-2020 2/2 12.06.2020 received from the 1st Additional Sessions Judge, Araria, this Court having noticed that the prosecution evidence has already been closed and now the statement of the accused is to be recorded and the learned trial court is seeking only two months time to conclude the trial, this Court is not inclined to grant bail to the petitioner, the prayer is refused. Let the trial be concluded within the aforesaid period. The court shall also take steps to find out if the statement of the accused under Section 313 Cr.P.C. may be recorded through virtual proceeding. If the defence does not co-operate with the conclusion of trial, it will be open for the learned trial court to proceed and conclude the same in accordance with law.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.