Manoj Tanti @ Manoj Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40941 of 2020 Arising Out of PS. Case No.-98 Year-2017 Thana- BAKHARI District- Begusarai ====================================================== MANOJ TANTI @ MANOJ KUMAR TANTI S/o Arjun Tanti Resident of Village- Parihara, P.S.- Bakhri, Distt- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurva Kumar, Adv.

Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP For the Informant :

Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant through video conferencing.

The petitioner has renewed his prayer for bail in connection with Sessions Trial no. 458 of 2017 (arising out of Bakhari P.S. Case no. 98 of 2017) registered under section 302 and other sections of the Indian Penal Code.

As per allegation in the F.I.R., there is direct allegation against the petitioner of having caused fire arm injury with one another on the chest of brother of the informant leading to his death on the spot.

It is submitted by learned counsel for the petitioner that inspite of charge having been framed on 23.5.2019, the petitioner

Patna High Court CR. MISC. No.40941 of 2020(5) dt.26-07-2021 2/3 being in custody since 1.6.2017 i.e. for more than four years, although by order dated 15.8.2019 a direction was given by this Court to expedite the trial and to conclude the same within nine months, the trial still continues to remain pending. There is no chance of the trial concluding in the near future because of Covid-19 pandemic.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant who submits that the examination of prosecution witnesses has ended and the trial is near conclusion.

As per the report received contained in letter dated 6.4.2021, all prosecution witnesses have been examined and the next date is fixed for recording of statement under section 313 Cr.P.C. of accused persons.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to conclude the trial expeditiously preferably within a period of four months from the date of receipt of a copy of this order.

Spd/- (Partha Sarthy, J)

Patna High Court CR. MISC. No.40941 of 2020(5) dt.26-07-2021 3/3 U T