Sunny Kumar @ Rohit @ Sunny vs The State Of Bihar
2021 Latest Caselaw 818 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31773 of 2020
       Arising Out of PS Case No.-166 Year-2018 Thana- KHAGAUL District- Patna
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Sunny Kumar @ Rohit @ Sunny, (Male), aged about 27 years, Son of Late Vijay Prasad, Resident of Village - Kothawan, PS - Khagaul, District- Patna.

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

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

For the Petitioner/s : Mr. Raghib Ahsan, Sr. Advocate with Mr. Sanjiv Sharan, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Raghib Ahsan, learned senior counsel

along with Mr. Sanjiv Sharan, learned counsel for the petitioner

and Mr. Jharkhandi Upadhayay, learned Additional Public

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

3. The petitioner is in custody in connection with

Khagaul PS Case No. 166 of 2018 dated 02.07.2018, instituted

under Sections 386 and 506/34 of the Indian Penal Code.

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

earlier such prayer was rejected by order dated 21.12.2018 in Cr.

Misc. No. 69167 of 2018 and thereafter on 19.06.2020 in Cr.

Misc. No. 19103 of 2020. Learned counsel for the petitioner Patna High Court CR. MISC. No.31773 of 2020 dt.10-02-2021

submitted that evidence has been closed but still the matter has not

been finally disposed off.

5. Having regard to the aforesaid, the Court does not

find any justification to consider the prayer for bail of the

petitioner as only final arguments are to be advanced and

judgment delivered.

6. As learned counsel for the petitioner submitted that

the matter is pending since there is no Presiding Officer of the

Court, the District and Sessions Judge, Patna is directed to assign

the case to a functioning Court and the said Court is directed to

finally hear the matter and dispose off the same at the earliest and

latest within two months from today.

7. Registry shall communicate the order to the District

and Sessions Judge, Patna latest by tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar/Anand Kr.

AFR/NAFR U T