Madan Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36734 of 2020 Arising Out of PS. Case No.-266 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Madan Mohan Singh Son of Rajkumar Singh resident of village Dhanbey, P.S. Khaira, District Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Indradeo Yadav Son of Sitaram Yadav Resident of village Darima, Panchayat Arunmabanka, P.S. Khaira, District Jamui. 3.

Gautam Yadav Son of Sitaram Yadav, Resident of village Darima, Panchayat Arunmabanka, P.S. Khaira, District Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv For the Opposite Party/s :

Mr.A.G.

Mr. Harendra Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2021 Heard learned counsel for the parties.

This application has been filed for cancellation of bail of the opposite party nos. 2 and 3, which was granted to them by this Court vide order dated 22.01.2020 in Criminal Miscellaneous No. 59524 of 2019.

The trial Court has submitted its report kept at Flag-X, which reads as follows:- "I have to say that I received this case record from the court of Ld. District & Sessions Judge, Jamui on 19.03.2019. Fixed for charge. Charge has been taken against two accused persons on 28.03.2019. All Eight prosecution witnesses of this case has been examined, Statement of accused persons u/s 313 of Cr.P.C has been recorded on 06.01.2020. The case is fixed for argument on

Patna High Court CR. MISC. No.36734 of 2020(8) dt.25-08-2021 2/2 24.03.2019. No further proceedings could be commenced due to COVID-19. There is possibility of conclusion of this case is likely to one month after the commencement of the regular court."

After perusing the report of the trial court, quoted above, it appears that trial is at the verge of conclusion, I am not inclined to cancel the bail of the opposite party nos. 2 and 3 at this stage.

Hence, the prayer for cancellation of bail of opposite party nos. 2 and 3 is hereby rejected.

However, court below is directed to conclude the trial within one month after the court resumes its normal functioning. (S. Kumar, J) ranjan/- U