Arvind Singh vs The State Of Bihar
2022 Latest Caselaw 4395 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL APPEAL (SJ) No 807 of 2022
              Arising Out of PS. Case No.-128 Year-2019 Thana- EKMA District- Saran
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ARVIND SINGH SON OF SHIV NARAIN SINGH @ SHIV NARYAN SINGH R/O VILLAGE- KARNPURA AMDHARI, P.S.- EKMA, DISTRICT- SARAN AT CHAPRA

... ... Appellant/s

Versus

1. The State of Bihar

2. Shail Devi wife of Dilip Sharma vill P.S.- Ekma Dist- Saran at Chapra

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr Bindhyachal Singh, Sr Advocate with

Mr Ram Binod Singh, Advocate

For the S t a t e : Mr Sadanand Paswan, Special PP

For Respondent No 2 : Mr Gaurav Kumar, Advocate

====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 10-08-2022

Heard learned senior counsel appearing for the appellant

and the learned Special Public Prosecutor appearing for the State

of Bihar. Respondent No 2 is also represented through Mr Gaurav

Kumar, Advocate.

2 This appeal has been filed against the order dated

29.11.2021 passed by Additional Sessions Judge III -cum- Special

Judge, Scheduled Castes and Scheduled Tribes (for brevity, SC/ST) Patna High Court CR. APP (SJ) No.807 of 2022 dt.10-08-2022

(Prevention of Atrocities) Act, Saran at Chapra rejecting the prayer

for bail of the appellant in SC/ST Trial No 164 of 2019 arising out

of Ekma Police Station Case No 128 of 2019 instituted for the

offence punishable under Sections 302, 307, 506/34 of Indian

Penal Code, Section 27 of Arms Act and Sections 3 (i) (r) (w), 3

(2) (v), 3 (2) (va) of SC/ST Act, 1989.

3 Prayer for bail of the appellant was earlier rejected by

this Court by order dated 04.12.2020 passed in Criminal Appeal

(SJ) No 1340 of 2020 (Annexure 1). Criminal Appeal (SJ) No

3833 of 2021 was disposed of granting liberty to the appellant to

approach the Court below first.

4 This Court, in the circumstances, has called for a

report from the Trial Court. The report is to the effect that 4 out of

6 chargesheeted witnesses have already been examined.

5 In view of the aforesaid circumstance, this Court

would consider it appropriate to dispose of this appeal with an

observation that the trial Court should make all endeavours to

conclude the trial expeditiously, without any unnecessary or undue

delay.

6 Respondent No 2 has also submitted that the informant

shall fully cooperate for ensuring the conclusion of trial at the

earliest.

Patna High Court CR. APP (SJ) No.807 of 2022 dt.10-08-2022

7 With the aforesaid observation, prayer for bail is again

rejected. This appeal is, accordingly, dismissed.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                  NAFR
CAV DATE                    NA
Uploading Date          16.08.2022
Transmission Date       16.08.2022