Shane Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11133 of 2020 Arising Out of PS. Case No.-38 Year-2016 Thana- KOTHIGRAM District- Gaya ====================================================== SHANE ALI KHAN Son of Late Jangli Khan Resident of Village - Samsabad, P.S. Imamganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Advocate Mr.Abhinay Raj, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Kothi P. S. Case No.38 of 2016 (Sessions Trial No. 85 of 2017/54 of 2017 (SJ) for the offences under Sections302,34, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner would submit that earlier the petitioner had approached this Court in Cr. Misc. No. 45285 of 2018 which was rejected on 1.10.2018. However, the trial court was directed to expedite the trial. The petitioner is in custody since 28.10.2016. We are in 2020. He further submits that other co-accused persons have been granted bail as is evident from Annexure-4 series.

Patna High Court CR. MISC. No.11133 of 2020(2) dt.05-06-2020 2/2 Considering the totality of the fact situation, the Court is constrained to direct the court below to conclude the trial positively within a period of six months.

If the trial is not concluded within the aforesaid period and in the event there is no laches on the part of the petitioner in early disposal of the trial, the court below shall be under obligation to release the petitioner on bail after completion of six months from the date of receipt/production of a copy of this order.

With the aforesaid observations/direction, the application stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U T