This oral order rejects a second bail petition filed by the appellant in a case under the Scheduled Castes and the Scheduled Tribes Act, 1989. The Court held that the trial is at its conclusion, and thus, bail is not warranted.
Prayer for bail of the appellant is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.145 of 2023
Arising Out of PS. Case No.-534 Year-2020 Thana- ALAMGANJ District- Patna
======================================================
Shourya @ Shaurya Kumar @ Nihal Kumar @ Nihal
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.PP For the Informant : Mr. Manish Kumar No.2, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-02-2023 Heard learned counsel appearing on behalf of
parties.
The present second bail petition preferred by appellant after rejection of earlier bail petition vide order dated 11.08.2022 as passed in Cr. Appeal (SJ) No. 4170 of 2021.
It is submitted by learned counsel for the appellant that the present appeal being preferred mainly upon two grounds; firstly, the trial, as directed, was not concluded within prescribed time period as mentioned in proviso to section 14(3)
Patna High Court CR. APP (SJ) No.145 of 2023(3) dt.08-02-2023 2/3
of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which ought to be completed within two months from the date of filing of the charge-sheet and secondly, that the petitioner is in custody since 12.08.2021.
Learned Spl. PP for the State duly assisted by Mr. Manish Kumar, learned counsel appearing on behalf of informant, while opposing the prayer for bail, submitted that examination of witnesses and evidence in this case has already been concluded and now the case is fixed for recording of statement of appellant/accused u/S 313 of the Criminal Procedure Code (Cr.P.C).
Earlier, vide order dated 11.01.2023, a report regarding the stage of trial of the present case was called for from the court of learned Additional District and Sessions Judge-III-cum-Spl. Judge, SC/ST Act, Patna and in compliance of the aforesaid order, vide letter No.09 of 2023, dated 6th February, 2023, a report has been received from the Exclusive Special Court (SC/ST Act), Patna, where it appears that the matter is being taken up on day-to-day basis and trial is likely to conclude within stipulated time period as directed in Cr. Appeal (SJ) No.4170 of 2021.
Considering the submissions as advanced above, as
Patna High Court CR. APP (SJ) No.145 of 2023(3) dt.08-02-2023 3/3
trial in this case is at its fag end, the prayer for bail of appellant
is rejected herewith.
Sanjit/S.Tripathi/-
(Chandra Shekhar Jha, J.)
U T
1 issue framed by the court
Whether bail should be granted to the appellant whose trial under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is at its fag end.
Shourya @ Shaurya Kumar @ Nihal Kumar @ Nihal
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
