Md. Sahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.887 of 2021 Arising Out of PS. Case No.-313 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Md. Sahbaj aged about 22 years male s/o Khurshid @ Md. Khurshid Alam @ Khurshid Alam Resident of village Laheri Tola, P.S. & District Madhepura. ... ... Petitioner

Versus

The State of Bihar ... ... Opp.Party ====================================================== Appearance :

For the Petitioner :

Mr. Nafisuzzoha Advocate For the State :

Mr. Tapeshwar Sharma APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-06-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

2. Heard learned counsel for the petitioner and learned counsel for the State

3. The petitioner seeks bail in Madhepura P.S. Case No. 313 of 2019, instituted for the offence under Section 302/34 of the Indian Penal Code .

4. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

5. The report received from the trial Court is to the effect that altogether 07 witnesses have been examined in this case and several documentary evidence has been exhibited by the prosecution. The case, as per report dated 18.05.2021, was fixed

Patna High Court CR. MISC. No.887 of 2021(6) dt.28-06-2021 2/2 for argument on behalf of the defence and same is almost done. On account of resurgence of covid-19 infection, the matter had perhaps remained adjourned at that stage for some time. It is clear, however, that the trial is already on the verge of conclusion as only partial argument has to be done by the parties.

6. The learned APP representing the State submits that under such circumstance, the matter, at the moment, should not be considered.

7. In the facts and circumstances of the Court, this Court, would only observe that on receipt/production of a copy of this order, the Trial Court shall proceed in the matter expeditiously without granting unnecessary and undue adjournments in the matter.

8. The application is dismissed.

(Madhuresh Prasad, J) shyambihari/- U T