Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55836 of 2022 Arising Out of PS. Case No.-270 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== CHANDAN KUMAR SON OF NAGERSHWAR MAHTO R/O VILLAGEBELA, P.S.- SONBARSA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and the State. Prayer for bail of this petitioner was earlier rejected twice by this court. Last rejection order is dated 05.01.2022. The trial court report indicates that only one witness has been examined because co-accused, Kundan Kumar and Mithun Kumar are absent on call and there is no progress in trial.

Considering the nature of accusation, gravity of the offence and progress of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, since the petitioner is in custody since 13.01.2020 and other co-accused are absconding, the trial court is directed to separate the trial of the petitioner from other accused persons, who are absconding, and conclude the same as

Patna High Court CR. MISC. No.55836 of 2022(3) dt.08-02-2023 2/2 early as possible, preferably, within one year from the date of receipt/ production of a copy of this order.

(Prabhat Kumar Singh, J) BKS/- U T