Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31630 of 2020 Arising Out of PS. Case No.-152 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Binod Mahto Son of Shri Nand Kishor Mahto Resident of Village- Bichhway, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Awadhesh Kumar Singh For the State :

Mr.Nand Kumar,APP For the Informant :

Mr.Mahesh Prasad,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

06-01-2021 Heard learned counsel for the parties through video conferencing.

This is 3rd attempt for grant of bail on behalf of petitioner in Sessions Trial No. 100 of 2019, arising out of Sikandra P.S. Case No. 152 of 2018, registered for the offence under Sections 147, 148, 149, 302, 120(B) of the I.P.C. and Section 27 of the Arms Act. Earlier, twice the prayer for bail of petitioner was rejected, vide Annexure - 1 and 1/1 respectively to the bail petition.

On last occasion, vide order dated 05-12-2020, a report was called for from the Trial Court regarding present stage of the trial, which has been received and kept at flag 'B'. From perusal of report of learned District & Sessions Judge,

Patna High Court CR. MISC. No.31630 of 2020(3) dt.06-01-2021 2/2 Jamui, as contained in Letter No. 41/2020 dated 15-12-2020, it appears that due to Covid-19 Pandemic, no progress has taken place before the trial court and still charge has not been framed. Considering the aforesaid facts and circumstances, the bail application of petitioner is again rejected. However, since the petitioner is in custody since 10-07-2018, the learned Trial Court is directed to conclude the proceeding as early as possible.

(Prabhat Kumar Singh, J.) anay/- U T