Arbind Kumar v. The State Of Bihar

Patna High Court CR. APP (SJ) No.7 of 2018 (02) dt.30-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.7 of 2018 Arising Out of PS.Case No. -72 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Arbind Kumar .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ranjeet Kumar Singh-Advocate For the Respondent/s : Mr. Rajendra Nath Jha-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-01-2018 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Instant memo of appeal has been preferred in accordance with Section 389(2) of the Cr.P.C. on account of refusal by the learned Appellate Court (1st Additional Sessions Judge, Khagaria) vide order dated 04.09.2017 passed in Cr. Appeal No.17 of 2017, to release the appellant on bail after suspending the sentence in accordance with Section 389 (1) of the Cr.P.C. till pendency of appeal.

Considering the rival submission, it looks appropriate to direct the learned lower Court to hear the appeal and decide the same within two months, positively. Learned counsel for the appellant has submitted that

Patna High Court CR. APP (SJ) No.7 of 2018 (02) dt.30-01-2018 the Court is vacant on account thereof, learned Sessions Judge will recall the aforesaid Cr. Appeal to his own file and dispose it of in terms of direction given hereinabove.

With the aforesaid direction, instant memo of appeal is disposed of.

Office to communicate and procure compliance report.

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