Akash Kumar @ Golu vs The State Of Bihar
2021 Latest Caselaw 4294 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 21910 of 2021
        Arising Out of PS. Case No.-36 Year-2019 Thana- DUMRAO District- Buxar
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Akash Kumar @ Golu, aged about 20 years, Male Son of Harendra Rai, Resident of Village- Chilahari, PS- Dumraon (Naya Bhojpur OP), District- Buxar.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate with Mr. Rajeev Ranjan, Advocate For the State : Mr. Nitya Nand Tiwary, APP For the Informant : Mr. Manish Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ramakant Sharma, learned senior

counsel along with Mr. Rajeev Ranjan, learned counsel for the

petitioner; Mr. Nitya Nand Tiwary, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Manish Kumar No. 2, learned counsel for the

informant.

3. The petitioner is in custody in connection with

Dumraon (Naya Bhojpur OP) PS Case No. 36 of 2019 dated

03.02.2019, instituted under Sections 147, 148, 149, 307, 504 ,506

of the Indian Penal Code and 27 of the Arms Act, 1959.

Patna High Court CR. MISC. No.21910 of 2021 dt.25-08-2021

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

01.07.2020 passed in Cr. Misc. No. 18669 of 2020.

5. Learned counsel for the petitioner submitted that the

merits of the case have been discussed by the Court. However, it

was submitted that the petitioner is in custody since 03.02.2020

and past enmity between the sides is admitted. It was submitted

that the Court may call for a report with regard to the status of the

trial.

6. On such stand by learned senior counsel on

04.08.2021, a report was called from the Court below with regard

to the status/position of the trial and likely time by which it can be

concluded.

7. Pursuant to the same, a report has been received from

the Additional District and Sessions Judge, VII, Buxar dated

07.08.2021, in which it has been stated that out of eight

prosecution witnesses, four have been examined and the trial

could not proceed because of the functioning in virtual mode of

the Courts due to the pandemic COVID-19. It was submitted that

the trial would be concluded as soon as possible.

8. Learned counsel submitted that there is past enmity

between the parties and repeatedly cases have been filed against Patna High Court CR. MISC. No.21910 of 2021 dt.25-08-2021

him and as the petitioner now is in custody since 03.02.2020, the

Court may consider the prayer.

9. Learned APP submitted that the merits of the case

have been dealt in detail in the earlier judgment and order dated

01.07.2020 passed in Cr. Misc. No. 18669 of 2020, by which such

prayer was rejected and there is no fresh circumstances for grant

of bail.

10. Learned counsel for the informant submitted that in

the past, one of the family members had been killed by the

petitioner's side and one had been injured for which cases have

been filed and in the present case also since the petitioner is the

sole person who is said to have fired on the informant, the injuries

corroborating such allegation and as has been observed by the

Court in the last order of rejection that there was slim chances of

false implication as no other person has been made accused, the

petitioner does not deserve to be enlarged on bail as there is more

than sufficient material against him.

11. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court does not find any mitigating circumstances to reconsider the

prayer for grant of bail to the petitioner.

12. Accordingly, the petition stands dismissed.

Patna High Court CR. MISC. No.21910 of 2021 dt.25-08-2021

13. However, keeping in view the fact that physical

functioning of the Courts below have been initiated, let the trial in

the present case be expedited and concluded at the earliest and

latest within nine months from today.

14. Registry shall communicate the order to the Court

below latest by tomorrow.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T