Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54836 of 2023 Arising Out of PS. Case No.-384 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Nand Kumar Son Of Rajendra Yadav Resident Of Village - Bhikhari Ghat, P.S. - Alauli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 11.01.2023 passed in Cr. Misc. No. 42857 of 2022.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-A.

The report of learned Additional Sessions Judge-V, Khagaria dated 13.09.2023 suggests that case

Patna High Court CR. MISC. No.54836 of 2023(3) dt.13-10-2023 2/3 is pending at the stage of prosecution evidence and out of six charge-sheeted witnesses, one witness has been examined and for rest of the witnesses, B.W. and N.B.W have already been issued. The trial is likely to be concluded within four months.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case as nothing has been recovered from the possession of the petitioner and the petitioner is in custody since 13.11.2021.

Considering the fact that recovery has been made from the exclusive possession of the petitioner, this Court is not inclined to take a different view in the matter. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of four months from today as incorporated in its report dated 13.09.2023.

Patna High Court CR. MISC. No.54836 of 2023(3) dt.13-10-2023 3/3 The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within four months.

(Sunil Kumar Panwar, J) Shageer/- U T