Md. Jahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18737 of 2015 Arising Out of PS.Case No. -216 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER =========================================================== Md. Naushad @ Pago, Son of Late Md. Kamruddin. Resident of village - Mirzapur, Bardah, P.S.- Muffasil, District - Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s With =========================================================== Criminal Miscellaneous No. 18602 of 2015 Arising Out of PS.Case No. -216 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER =========================================================== Md. Jahir, Son of- Late Md. Jabbar, Resident of Village- Mirjapur Bardhe, P.S.- Muffasil, District- Munger.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.18737 of 2015) For the Petitioner :

Mr. Pankaj Kumar Sinha with Mr. Kamal Kishore Jha, Advocates For the State :

Mr. Umesha Nand Pandit, APP (In Cr.Misc. No.18602 of 2015) For the Petitioner :

Mr. Surendra Prasad Singh with Mr. Ashok Kumari, Advocates For the State :

Dr. Indiwar Kumari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-08-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.18737 of 2015 dt.12-08-2016 2/3 The petitioners seek bail in Muffasil P.S. Case No. 216 of 2013 dated 30.09.2013 instituted under Sections 124A/120B of the Indian Penal Code, 25(1-A)/25(1-AA)/25(1-B) (a) (c)/26 (1)

(2) (3)/35 of the Arms Act, 1959 and 16/18/20/25 of the Unlawful Activities (Prevention) Act, 1967.

This is the second attempt of the petitioners for bail as earlier such prayer was rejected by order dated 11.12.2014 passed in Cr. Misc. No. 16446 of 2014 and 16424 of 2014, respectively, by which the court below was also directed to expedite the trial and conclude the same within four months. The same not having been done, a report was called for from the court below in Cr. Misc. No. 18737 of 2015 and the first report dated 25.04.2016 not having been found satisfactory, a second report was called for. The same has been received from the 5th Additional Sessions Judge, Munger dated 03.08.2016 which discloses that all prosecution witnesses have been examined and statement of the accused has also been recorded on 01.08.2016 and the case is fixed for evidence of the defence. In view of the aforesaid, the Court is not inclined to enlarge the petitioners on bail. Accordingly, the applications stand dismissed.

However, in view of the fact that only the defence witnesses and final arguments remain, let the same be done

Patna High Court Cr.Misc. No.18737 of 2015 dt.12-08-2016 3/3 expeditiously and in any case, within two months, subject to cooperation by the accused.

It is made clear that if the timeframe fixed by this Court is not adhered to, the same shall be taken very strictly. The order be communicated to the court below through Fax also latest by 17th August, 2016. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.08.2016 Transmission Date 16.08.2016