Sarvoday Jamadar @ Subodh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4490 of 2021 Arising Out of PS. Case No.-16 Year-2018 Thana- CHIKSAUR District- Nalanda ====================================================== Sarvoday Jamadar @ Subodh Prasad Son of Kishori Prasad @ Biral Jamadar Resident of Village-Maheshpur, P.S.-Chiksaura, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sessions Trial No. 276 of 2018 (arising out of Chiksaur P.S. Case No. 16 of 2018) registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per allegation in the F.I.R., the petitioner is stated to have assaulted the deceased with a garasa. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide orders dated 9.10.2018 and 21.8.2019 (Annexure -1 series), however, inspite of direction to the learned trial Court to

Patna High Court CR. MISC. No.4490 of 2021(3) dt.29-06-2021 2/2 expedite the trial, the trial has still not concluded. The petitioner is in custody since 26.3.2018.

A report was called for with respect to the stage of trial from the learned Court below. As per the report received contained in Letter No.300 dated 6.4.2021 of the learned Additional District and Sessions Judge-IV, Hilsa, Nalanda, all the prosecution witnesses have been examined, the evidence of the defence has been closed and argument on behalf of the defence is going on.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner and the stage of the trial as contained in the report of the learned Court below, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within four months of receipt of a copy of this order.

(Partha Sarthy, J) Bibhash U T