Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4290 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAVINDRA YADAV Son of Harilal Yadav @ Hari Yadav Resident of Village- Nauwapali, P.S.- Siwan Muffasil, Dist- Siwan. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the State :

Ms. Usha Kumari, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2021 Heard the parties.

By the instant appeal the appellant has renewed his prayer for regular bail in connection with Siwan Mufassil P.S. Case no. 120 of 2020 registered under sections 333, 353, 307, 504 and 506 of the Indian Penal Code and sections 3(1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per the allegation in the FIR the appellant is stated to have stabbed the father of the informant with a knife. It is submitted by learned senior counsel appearing for the appellant that the earlier prayer for bail of the appellant was rejected vide order dated 14.12.2020 (Annexure-1) giving liberty to the appellant to renew his prayer for bail after six

Patna High Court CR. APP (SJ) No.4290 of 2021(3) dt.22-12-2021 2/3 months in case there is no progress in the trial. The trial is still continuing and there is no chance of the same coming to an end in the near future. The appellant has remained in custody since 7.3.2020. Learned senior counsel further refers to the certified copy of the deposition of the witnesses examined on behalf of the prosecution to submit that they have not supported the prosecution case and there is no chance of the appellant being convicted.

Heard learned Special PP appearing for the State. A report was called for with respect to the stage of trial from the learned trial Court. As per the report received contained in letter dated 7.12.2021 of the Additional District and Sessions Judge 1st-cum-Special Judge, Siwan, six out of the eight charge sheet witnesses have been examined on behalf of the prosecution and the case is fixed for evidence of the Investigating Officer and the doctor.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the appellant together with the progress in the trial, the Court is not inclined to allow the instant appeal and the same is rejected. Learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within a period of

Patna High Court CR. APP (SJ) No.4290 of 2021(3) dt.22-12-2021 3/3 three months from the date of receipt of a copy of this order. The Superintendent of Police, Siwan is directed to ensure the appearance of the Investigating Officer and the doctor in the trial as witness on behalf of the prosecution on the next date fixed.

Let a copy of this order be communicated to the Superintendent of Police, Siwan.

(Partha Sarthy, J) Prakash/- U