Md. Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2391 of 2019 Arising Out of PS. Case No.-12 Year-2018 Thana- GAYA RAIL P.S. District- Gaya ====================================================== MD. SONU Son of Md. Shahid Resident of Mohalla - West Sarai Ward No. 14, P.S.- Kotwali, District- Gaya ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sudhir Kumar Sinha For the Respondent/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-07-2019 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Appellant, who happens to be under custody since 16.01.2018, on account of having been caught red-handed while lifting bag of informant from a train Patna to Gaya Passenger on 16.01.2018, been tried and convicted, whereupon Cr. Appeal No.75 of 2018 arose and for the present, same is pending before the Additional Sessions Judge-3rd, Gaya.

From the record, it transpires that this happens to be the second term at the end of the appellant in visiting this Court under the guise of Section 389(2) of the Cr.P.C. on account of having been refused to avail the privilege of bail in accordance with Section 389(1) of the Cr.P.C. by the Appellate Court. In the aforesaid background, it looks desirable to

Patna High Court CR. APP (SJ) No.2391 of 2019(3) dt.29-07-2019 2/2 direct the appellate Court to hear the appeal on priority basis on next date, positively and will decide the same. The aforesaid event be communicated to the Bench.

In terms thereof, instant memo of appeal is disposed of.

Office to communicate and procure compliance report accordingly.

(Aditya Kumar Trivedi, J) vikash/- U T