Patna High CourtCR. MISC./38969/2022dismissed

Piyush Vishwakrma @ Piyush Kushwaha v. The State Of Bihar

2022-09-30Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38969 of 2022 Arising Out of PS. Case No.-23 Year-2005 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== PIYUSH VISHWAKRMA @ PIYUSH KUSHWAHA Son of Ram Naresh Kushwaha Resident of Village - Marufpur, P.s.- Baluwa, Distt.- Chandauli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Adhoura P.S. Case No.23 of 2005 instituted under Sections 216 IPC and 17 CLA Act.

As per the prosecution story, the informant got information that notorious naxal people have come to the doctor for treatment of their friend and when the police approached them, they tried to escape but one Md. Azhar Ali was apprehended who disclosed the name of the escaped person as Piyush Kushwaha. Accordingly the FIR was lodged.

Patna High Court CR. MISC. No.38969 of 2022(2) dt.30-09-2022 2/2 From the averment, it shows that the matter is of the year 2005 and it was only on 19.11.2021 that the petitioner finally chose to walk into judicial custody.

Considering the aforesaid attitude of the petitioner coupled with the allegation that has come against him, this Court is not inclined to grant any relief and the bail application is rejected.

As the matter is of the year 2005, the Trial court is directed to expedite the trial and conclude the same preferably within a period of nine months.

(Rajiv Roy, J) Prakash Narayan /- U T