Patna High Court
Manish Kumar vs The State Of Bihar on 25 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17445 of 2021
Arising Out of PS. Case No.-199 Year-2017 Thana- TAJPUR District- Samastipur
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Manish Kumar, aged about 28 years, Male Son of Jhari Rai @ Deep Lal Rai,
Resident of village - Darba, PS - Tajpur (Halai), District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Zeyaul Hoda, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-08-2021
The matter has been heard via video conferencing.
2. Heard Mr. Zeyaul Hoda, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioner is in custody in connection with
Tajpur (Halai OP) PS Case No. 199 of 2017 dated 08.07.2017,
instituted under Sections 498A and 304B/34 of the Indian Penal
Code.
4. This is the third attempt for bail by the petitioner as
twice earlier such prayer was rejected by judgment and order
dated 19.12.2018 passed in Cr. Misc. No. 67853 of 2018 and
Patna High Court CR. MISC. No.17445 of 2021 dt.25-08-2021
thereafter by judgment and order dated 12.06.2020 passed in Cr.
Misc. No. 15530 of 2020.
5. On 04.08.2021, learned counsel for the petitioner had
submitted that the merits of the matter had been considered twice
earlier and thus, he would pray that the Court may call for a report
from the Court below with regard to the position of the trial as the
petitioner is totally unaware of the developments.
6. Having regard to the aforesaid stand of learned
counsel for the petitioner on 04.08.2021, the Court had called for a
report from the Court below with regard to the status of the trial
and the likely time by which it can be concluded.
7. Pursuant to the same, a report has been submitted by
the 8th Additional District and Sessions Judge, Samastipur dated
17.08.2021, in which it has been stated that the prosecution has
concluded its arguments on 23.07.2021 and the defence has
argued on 28.07.2021, 03.08.2021, 05.08.2021, 11.08.2021 and
the next date fixed was 20.08.2021. Further, it has been stated that
the trial was likely to be concluded by 30th September, 2021.
8. Having regard to the fact that it is now for the
defence to conclude its arguments so that the trial Court can
deliver final judgment, this Court does not feel that there is any
requirement for consideration of prayer for bail of the petitioner,
Patna High Court CR. MISC. No.17445 of 2021 dt.25-08-2021
more so, in view of what has been recorded in the judgments
dated 19.12.2018 passed in Cr. Misc. No. 67853 of 2018 and
12.06.2020 passed in Cr. Misc. No. 15530 of 2020, by which
twice earlier such prayer of the petitioner was rejected.
9. Accordingly, the petition stands dismissed.
10. Let the Court below ensure that trial is concluded
latest by 30th September, 2021, as has been indicated in the
communication by the concerned Court itself.
11. Registry shall communicate the order to the Court
below latest by tomorrow.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
