Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52839 of 2022 Arising Out of PS. Case No.-268 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Vijay Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-07-2023 Heard Mr. Manoj Kumar Pandey, learned counsel appearing on behalf of the petitioner and Dr. Kumar Uday Pratap, learned APP for the State.

2. From perusal of report of the Additional District and Sessions Judge-V, Barh bearing letter no.256 dated 14.07.2023, it appears that he has joined the post on 06.06.2023. Four D.Ws. are required to be examined and the next date of the trial had been fixed on 21.07.2023.

3. Learned counsel appearing on behalf of the informant submits that no delay has been caused from the side of the informant and they are ready to attend the court proceeding on the date fixed by the learned trial court.

4. Considering the development, as informed by the learned Additional District & Sessions Judge-V, Barh as well as

Patna High Court CR. MISC. No.52839 of 2022(7) dt.26-07-2023 2/2 in view of the fact that the petitioner is in custody since 18.11.2019, the learned Additional District & Sessions Judge-V, Barh is directed to conclude the trial preferably within a period of three months.

5. The prolong incarceration violates the fundamental rights warranted under Article 21 of the Constitution of India.

6. With above observation/direction, the bail petition stands disposed of.

(Purnendu Singh, J) chn/- U