Patna High CourtCR. MISC./18646/2015rejected

Md. Shamim v. The State Of Bihar

2015-04-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18646 of 2015 Arising Out of PS.Case No. -3 Year- 2013 Thana -LADANIA District- MADHUBANI ====================================================== Md. Shamim son of Md. Idrish, resident of Khajuri, P.S.- Khajuri, District - Dhanusha (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-04-2015 The petitioner seeks bail in connection with Ladaniya P.S.Case No.3 of 2013 registered for the offences punishable under sections 395 and 397 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 21.7.2014 passed in Cr. Misc. No.20423 of 2014.

It has been contended that, by now, the petitioner has remained in custody for about two years and in trial after framing of charge only one witness has been examined on behalf of the prosecution.

On the other hand, learned counsel for the State has opposed the prayer for bail. He has submitted that in course of investigation of the case, the petitioner was put on T.I.Parade and

Patna High Court Cr.Misc. No.18646 of 2015 (2) dt.29-04-2015 2/2 has been identified by one of the victims of the alleged dacoity. Regard being had to the criminal antecedent of the petitioner as well as facts and circumstances of the case, I am not inclined to grant him bail for the present. Accordingly, the prayer for bail is rejected.

Learned Ad hoc Additional Sessions Judge-IV, Madhubani is directed to expedite the trial and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail in the court below itself.

(Ashwani Kumar Singh, J) Md.S./- U T