Akku Kumar @ Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40344 of 2020 Arising Out of PS. Case No.-184 Year-2019 Thana- GWALPARA District- Madhepura ====================================================== AKKU KUMAR @ AKASH KUMAR Son of Jagarnath Yadav @ Jagarnath Prasad Yadav Resident of Village - Gwalpara, P.S.- Gwalpara, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Adv.
For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 20.11.2019. In pursuance to the order dated 29.04.2021, status report in connection with Gwalpara P.S. Case No. 184 of 2019 has been received and kept at Flag-S, in which it is stated that charge has already been framed in this case and summons have
Patna High Court CR. MISC. No.40344 of 2020(5) dt.26-07-2021 2/2 already been issued against all nine official witnesses. There are altogether nine witnesses named in the charge sheet but due to lock down on account of covid-19 pandemic, no witness could be examined. It is further stated that when physical court will resume then the learned PP shall be informed to produce all witnesses in the court for their evidence. If the prosecution will produce all the witnesses named in the charge sheet on regular interval then present case is likely to be concluded within six months on priority basis.
Considering the present stage of trial, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Gwalpara P.S. Case No. 184 of 2019 pending before the court of the learned A.C.J.M. II Udakishunganj, District-Madhepura.
Accordingly, the application is dismissed. However, Trial Court is directed to conclude the trial within six months on priority basis after resuming of physical court. (Anjani Kumar Sharan, J) devendra/- U T