Sonu Kumar @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58033 of 2022 Arising Out of PS. Case No.-146 Year-2018 Thana- BEUR District- Patna ====================================================== SONU KUMAR @ SONU SINGH Son of Sanjay Singh Resident of Village - Karauna, P.S.- Karauna (O.P.), District - Jehanabad. At present East Nand Gola Renter in the house of Sarjug Prasad, P.S.- Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Beur PS case no. 146 of 2018, registered under Sections 353 and other allied sections of the Indian Penal Code, Section 3/5 of Explosive Substance Act and Section 25(1-b)A, 26, 27, 35 of the Arms Act, inasmuch as the earlier two petitions, filed by the petitioner for grant of bail, have all stood rejected. The petitioner is alleged to have planted bombs in the prisoner's van of the police, in which, he along with other accused persons were travelling and subsequently, the bombs were exploded, resulting in two police personnel getting injured,

Patna High Court CR. MISC. No.58033 of 2022(2) dt.04-02-2023 2/3 whereupon the petitioner had tried to break open the gate of the van in order to flee away but the police force came into action and closed the gate, resulting in the petitioner and other accused persons not being able to flee away from the prisoner's van. It is also alleged that the accomplice of the petitioner, numbering 7-8 persons, riding on a motorcycle and tempo, variously armed, were seen coming towards the prisoner's van but the police took a U-turn and could manage to secure the prisoners by resorting to firing in the air.

The learned counsel for the petitioner has submitted that though the charges have been framed but belatedly only on 05.01.2023 i.e. almost after 05 years of lodging of the present case but thereafter also, there is no progress in the trial and the petitioner is languishing in custody without any reason, hence, if this Court is not inclined to grant bail to the petitioner, at least the learned trial court be directed to expedite the trial and liberty be granted to the petitioner to renew his prayer for bail, in case there is no substantial progress in the on-going trial. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned

Patna High Court CR. MISC. No.58033 of 2022(2) dt.04-02-2023 3/3 counsel for the petitioner, this Court deems it fit and appropriate to direct the learned trial court to expedite the trial and conclude the same, within a period of one year from today. It is needless to state that the trial court shall send a weekly report to the Registrar General of this Court with regard to the progress in the on-going trial.

This Court also grants liberty to the petitioner to renew his prayer for grant of bail, after a lapse of one year from today, in case there is no substantial progress in the trial. The present petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) rinkee/- U T