Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2429 of 2021 Arising Out of PS. Case No.-314 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

AMAN KUMAR S/o Surendra Prasad Singh R/o Vill. - Dewadha, P.S. - Pakribarawan, Distt. - Nawada, 2.

Futus @ Futus Kumar S/o Nathu Singh R/o Vill. - Dewadha, P.S. - Pakribarawan, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2021 Heard both sides.

The petitioners seek bail in Pakribarawan P.S. case No. 314/2019 registered u/s 395 of the IPC.

The learned counsel for the petitioners submits that prayer of petitioners for bail was earlier rejected vide order dated 05/06/2020 passed in Cr. Misc. No. 2247 of 2020 with an observation that if the trial is not concluded within four months from the date of receipt of the order, the petitioners may renew their prayer for bail. A report was called for and it transpires that charge has been framed on 06.01.2021 but not a single prosecution witness has been examined.

It appears that petitioners were duly identified in T.I. parade and the witnesses have also stated that it was the petitioners who snatched the bag containing money of the

Patna High Court CR. MISC. No.2429 of 2021(3) dt.17-02-2021 2/2 informant.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on bail, at this stage, as the trial has not been concluded due to Covid-19. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within four months from the receipt of this order.

The Superintendent of Police, Nawada is directed to ensure the attendance of prosecution witnesses in the trial court so that the trial must be concluded within four months. If the trial is not concluded within four months, the petitioners may renew their prayer for bail firstly before the trial court.

Let a copy of this order be sent to the trial court and Superintendent of Police, Nawada for information and needful. (Prabhat Kumar Jha, J) BKS/- U T