Patna High CourtCR. MISC./5863/2015rejected

Md. Suhail Khan @ Suhail Khan @ Sohail Khan v. The State Of Bihar

2015-05-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5863 of 2015 Arising Out of PS.Case No. -25 Year- 2006 Thana -SHERGHATI District- GAYA ====================================================== Md. Suhail Khan @ Suhail Khan @ Sohail Khan Son of Late Jonil Khan, Resident of Village - Hamjapur, P.S.- Amas, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Dr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-05-2015 Heard the parties.

The prayer for bail of the petitioner was earlier rejected by order dated 01.10.2013 passed in Cr. Misc. No. 35422 of 2013 (Annexure-1) with an observation that if the trial of the petitioner is not concluded within a period of one year from the date of framing of the charge, then the petitioner shall be at liberty to renew his prayer for bail.

In compliance of the order dated 18.03.2015, a report has been submitted by the learned District & Sessions Judge, Gaya, kept at flag-A, stating therein that now, the trial of the petitioner has been separated since some of the accused persons are still absconding and his case has been committed to the court of sessions.

In above view of the matter, learned District and Sessions Judge, Gaya is directed to take appropriate steps for framing of charge against the petitioner and for conclusion of his trial at an early date preferably within a period of one year from the date of framing of charge. However, if the trial of the petitioner is not concluded within the aforesaid period of one year

Patna High Court Cr.Misc. No.5863 of 2015 (3) dt.06-05-2015 2/2 without being any fault on the part of the petitioner, then he shall be at liberty to his prayer for bail.

The prayer for bail in connection with Sherghati P.S. Case No. 25 of 2006, G.R. No. 65 of 2006, Trial No. 2529 of 2014, pending in the court of learned Judicial Magistrate, 1st Class, Sherghati, Gaya, is rejected once again with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U