Bhullu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3272 of 2021 Arising Out of PS. Case No.-48 Year-2019 Thana- GHOSWARI District- Patna ====================================================== BHULLU YADAV Son of Nirsu Yadav Resident of Village - Tartar, P.S.- Ghoswari, Dist.- Patna.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Rajnandan Paswan S/o Late Saudi Paswan R/o Village- Tartar, P.S.- Ghoswari, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.Sadanand Paswan For the respondent no. 2 Mr. Pramod Kr. Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 29.01.2021, passed by learned Additional District and Sessions Judge-XII-cum-Special Judge SC/ST Act, Patna in connection with Special Case No. 220 of 2019 arising out of Ghoswari P.S. Case No. 48 of 2019, registered under Sections 341, 323, 302, 504, 506/34 of the IPC, Section 27 of the Arms Act and Sections 3(i) (G)(S), 3(2)(v) (va) of SC/ST Act.

In pursuance to the order dated 24.01.2022, status report of trial in connection with the aforesaid case has been

Patna High Court CR. APP (SJ) No.3272 of 2021(6) dt.24-03-2022 2/2 received, in which it is reported that there are altogether six witnesses out of which three have been examined. Next date fixed on 08.02.2022 for prosecution evidence. Considering the present stage of the trial, I am not inclined to enlarge the appellant on bail. Accordingly, his payer for bail is rejected in connection with Special Case No. 220 of 2019 arising out of Ghoswari P.S. Case No. 48 of 2019 pending before the court of the learned Additional District and Sessions Judge-XII-cum-Special Judge SC/ST Act, Patna. Accordingly, the appeal is dismissed. However, Trial Court is directed to conclude the trial as expeditiously as possible within a period of six months from the date of initiation of normal physical proceeding and /or through Video Conferencing and S. S.P., Patna is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

If the trial is not concluded within the stipulated period, the appellant would be at liberty to renew his prayer for bail.

(Anjani Kumar Sharan, J) devendra/- U T