Patna High CourtCR. MISC./29655/2020dismissed

Badrul Alam v. The State Of Bihar

2021-02-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29655 of 2020 Arising Out of PS. Case No.-253 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== BADRUL ALAM S/o Habibur Rahman R/o Vill.-Mandal Tola, Dohar, P.S.- Bahadurganj, Distt.-Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with S.T. No. 93 of 2019 (arising out of Bahadurganj) P.S. Case No. 253 of 2018 dated 18.08.2018 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

His prayer for bail was earlier rejected vide order dated 25.09.2019 passed in Cr. Misc. No. 47924 of 2019.

This Court had called for a report from the court below about the stage of the case on 08.01.2021. The report indicates that only three prosecution witnesses up till now have been examined and the trial could not be concluded because of the COVID-19

Patna High Court CR. MISC. No.29655 of 2020(3) dt.24-02-2021 2/2 Pandemic having engulfed the entire State of Bihar. However, the report further indicates that the trial would possibly be concluded within a period of four months.

Considering such assessment about the timeline in concluding the trial, this Court is not inclined to grant bail to the petitioner for the present.

Accordingly, the prayer for bail is rejected. The trial court is directed to conclude the trial within the time suggested in the report referred to above, failing which the petitioner shall have the liberty to approach the trial court for grant of bail and in that event the trial court is required to state the reasons for the tardy progress of the trial.

(Ashutosh Kumar, J) krishna/- U T