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Patna High CourtCR. APP (SJ)/4752/2021disposed

Kapil Paswan v. The State Of Bihar

2022-03-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4752 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== Kapil Paswan Son of Rampravesh Paswan Resident of Village - Makhara, P.S.- Jamhore, District - Aurangabad.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rudal Paswan Late Ramrup Paswan R/o Village-Bhakhara, P.S.-Jamhore, District-Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binod Kumar Pandey, Adv For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP Mr. kamlendra Prasad Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned counsel for informant who has appeared along with learned Spl. PP for the State.

The appellant has preferred the present appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of his prayer for bail, vide order dated 23.10.2021 passed by the learned A.D.J. 1st-cum-Spl. Judge (SC/ST) arising out of Jamhore P.S. Case No. 32 of 2020 instituted for the offence under Sections 302/34 of the Indian Penal Code, and Section 3(2)(va) of the SC/ST Act.

As per submission of the learned counsel for the

Patna High Court CR. APP (SJ) No.4752 of 2021(6) dt.09-03-2022 2/2 informant three prosecution witnesses have been examined. In view of such submission, matter was adjourned on the last occasion to enable the appellant's counsel to make his submission with reference to the deposition of the witnesses. Learned counsel for the appellant, today, submits that he is not in a position to make his submission for want of copies of the depositions which have not been made available to him. He, however, submits that since the trial has already proceeded, this Court may fix a short time limit for conclusion of the trial. Considering this submission, this court would dismiss this application with an observation that the trial court may proceed with the matter expeditiously without any unnecessary adjournment or undue delay.

(Madhuresh Prasad, J) SUMIT/- U T