Patna High CourtCR. MISC./31773/2020dismissed

Sunny Kumar @ Rohit @ Sunny v. The State Of Bihar

2021-02-10Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31773 of 2020 Arising Out of PS Case No.-166 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Sunny Kumar @ Rohit @ Sunny, (Male), aged about 27 years, Son of Late Vijay Prasad, Resident of Village - Kothawan, PS - Khagaul, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghib Ahsan, Sr. Advocate with Mr. Sanjiv Sharan, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-02-2021 The matter has been heard via video conferencing.

2. Heard Mr. Raghib Ahsan, learned senior counsel along with Mr. Sanjiv Sharan, learned counsel for the petitioner and Mr. Jharkhandi Upadhayay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Khagaul PS Case No. 166 of 2018 dated 02.07.2018, instituted under Sections 386 and 506/34 of the Indian Penal Code.

4. This is the third attempt for bail by the petitioner as earlier such prayer was rejected by order dated 21.12.2018 in Cr. Misc. No. 69167 of 2018 and thereafter on 19.06.2020 in Cr. Misc. No. 19103 of 2020. Learned counsel for the petitioner

Patna High Court CR. MISC. No.31773 of 2020 dt.10-02-2021 2/2 submitted that evidence has been closed but still the matter has not been finally disposed off.

5. Having regard to the aforesaid, the Court does not find any justification to consider the prayer for bail of the petitioner as only final arguments are to be advanced and judgment delivered.

6. As learned counsel for the petitioner submitted that the matter is pending since there is no Presiding Officer of the Court, the District and Sessions Judge, Patna is directed to assign the case to a functioning Court and the said Court is directed to finally hear the matter and dispose off the same at the earliest and latest within two months from today.

7. Registry shall communicate the order to the District and Sessions Judge, Patna latest by tomorrow.

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar/Anand Kr.

AFR/NAFR U T