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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ahsanuddin Amanullah, J.
Pradeep Kumar - Appellant
Versus
State Of Bihar - Respondent
Criminal Miscellaneous No. 12370 of 2021
Decided On : 23-06-2021
Bail - Criminal Law - The court dismissed the bail application of the petitioner, citing the earlier order and lack of mitigating circumstances, but directed the trial to be concluded expeditiously within six months.
Fact of the Case:
The petitioner sought bail in connection with a criminal case under Sections 304B, 302 and 201/34 of the Indian Penal Code. The trial was delayed due to the COVID-19 pandemic.
Finding of the Court:
The court declined the bail application, considering the earlier order and lack of mitigating circumstances, but directed the trial to be concluded within six months due to the delay caused by the pandemic.
Issues: Bail application, delay in trial due to COVID-19 pandemic
Ratio Decidendi: The court considered the lack of mitigating circumstances and the delay in trial due to the COVID-19 pandemic in reaching its decision.
Final Decision: The bail application was dismissed, but the court directed the trial to be concluded expeditiously within six months.
JUDGMENT
Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.
2. Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Ms. Madhuri Lata, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner is in custody in connection with Harsidhi PS Case No. 42 of 2019 dated 28.01.2019, instituted under Sections 304B, 302 and 201/34 of the Indian Penal Code.
4. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 11.12.2019 passed in Cr. Misc. No. 46040 of 2019.
5. Learned counsel for the petitioner reiterated the submissions which were advanced on behalf of the petitioner and recorded in order dated 11.12.2019.
6. Earlier, by order dated 12.04.2021, a report was called from the Court below with regard to the status of the trial. In terms thereof, report dated 13.04.2021 has been received from the 21st Additional District and Sessions Judge, East Champaran, Motihari in which it has been stated that the trial would take at least two months to conclude due to COVID-19 pandemic.
7. Learned APP submitted that there are no mitigating circumstances, except for efflux of time, for reconsideration of the prayer, especially in view of what has been recorded on merits in order dated 11.12.2019.
8. Learned counsel for the petitioner submitted that the Court below be directed to conclude the trial at the earliest.
9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of what has been recorded in the earlier order dated 11.12.2019 passed in Cr. Misc. No. 46040 of 2019, the Court is not inclined to grant bail to the petitioner.
10. Accordingly, the application stands dismissed.
11. However, in view of the report received from the Court below, let the trial be concluded expeditiously and latest within six months.
12. Registry shall communicate the order to the Court below forthwith.
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