Patna High CourtCR. MISC./64668/2021disposed

Suman Kumar v. The State Of Bihar

2022-02-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64668 of 2021 Arising Out of PS. Case No.-813 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== SUMAN KUMAR Son of Pradeep Kumar @ Chunnu Prasad @ Pradip Kumar Singh Resident of Gur- Ki Mandi, Police Station- Alamganj, DistrictPatna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 213 of 2020 arising out of Alamganj P.S. Case No. 813/19 instituted for the offences under Sections 302, 201, 364 and 34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected vide order dated 04.01.2021 passed in Cr. Misc. No. 25906 of 2020 with a direction to the Trial Court to frame charges at the earliest and dispose off the trial within a period of nine months.

This Court had called for a report about the stage of the case from the court below vide order dated

Patna High Court CR. MISC. No.64668 of 2021(3) dt.02-02-2022 2/2 22.12.2021. The report dated 24.01.2022 indicates that charges in this case was framed on 22.10.2020 and all steps have been taken to summon the witnesses for taking their deposition. It appears that no witness uptil the date of sending of the report, was examined before the Trial Court. This cannot continue forever.

Regard being had to the nature of accusation against the petitioner though I am not inclined to grant bail to him for the present but the Trial Court is directed to continue with the trial on day to day basis and conclude the same within the next nine months.

If there is no substantial progress in the trial within the next six months, it would be open for the petitioner to approach this Court again for grant of bail during the pendency of the trial.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) sunilkumar/- U T