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Judgment
Heard Mr. Ranjan Kumar Jha, learned counsel for the appellant and Ms. Usha Kumari No. 1, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State.
The appellant is in custody in connection with Bariyarpur PS Case No. 14 of 2019 dated 02.02.2019, instituted under Sections 302/34 of the Indian
Penal Code; 27 of the Arms Act, 1959 and 3(1)(r)/3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
This is the second attempt for bail by the appellant as earlier such prayer was rejected by order dated 27.11.2019 in Criminal Appeal (SJ) No. 3377
of 2019.
The appellant is accused of killing the son of the informant.
After some arguments, learned counsel for the appellant submitted that all prosecution witnesses except the Investigating Officer have been
examined.
Learned APP submitted that in view of the stage, the Court below may be directed to conclude the trial rather than releasing the appellant on bail
as it may hamper and prolong the trial.
Learned counsel for the appellant agrees to the same.
In view thereof, the Court does not find any occasion to grant bail to the appellant as no fresh circumstances have been canvassed.
Accordingly, the appeal stands dismissed.
However, since only the Investigating Officer remains to be examined from the side of the prosecution, the Court below is directed to conclude the
trial expeditiously and latest within four months from the date of production of a copy of this order before it.
The Superintendent of Police, Munger is directed to ensure that the Investigating Officer of the case goes for deposing in the case before the
Court concerned.
Registry shall forthwith communicate the order to the Superintendent of Police, Munger also for compliance.
