Khush Nandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7676 of 2021 Arising Out of PS. Case No.-326 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Khush Nandan Kumar Singh Son Of Subh Narayand Chaudhur @ Subh Narayan Singh Resident Of Village- Ghangati, P.S.- Chakia, Distt- East Champaran At Present Ward No.18, Chhota Pareua Raxaul, P.S.- Raxual, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Ms. Rita Verma :

Mr. Sanjay Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2021 Heard the parties.

Vide order dated 02.09.2021, post mortem report and a report was called for from the court of learned Additional Sessions Judge 13th (East Champaran), Motihari regarding stage of trial in the present case which is received and tagged as Flag "A" to this petition.

In compliance thereof, a report dated 06.09.2021 sent by the Additional District and Sessions Judge, VIII, East Champaran, Motihari has been received and at Flag "A" to this application. Learned Judge, apart from the other facts, has stated that there are four accused persons in this case who are facing the trial. There are nine witnesses, including two witnesses of seizure list, are to examined in this case. Therefore, at least nine months time is likely

Patna High Court CR. MISC. No.7676 of 2021(4) dt.04-10-2021 2/2 to be taken in conclusion of the trial, in proper functioning of the court which was disturbed due to pandemic of COVID-19. Petitioner is in custody since 07.02.2018.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is rejected.

However, the learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within one year from the date of receipt/production of a copy of this order and S.P., East Champaran, Motihari is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Let a copy of this order be communicated to S.P., East Champaran, Motihari by fax for needful.

(Anjani Kumar Sharan, J) GAURAV S./- U T