Md. Alfaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15735 of 2021 Arising Out of PS. Case No.-312 Year-2018 Thana- BARARI District- Katihar ====================================================== Md. Alfaz Son Of Late Abdul Rashid Resident Of Village - Dumariya, P.S.- Barari (Semapur), Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2021 Heard the parties through virtual court proceedings. Vide order dated 28.07.2021, report was called for from the court of learned A.D.J.-VI, Katihar in S.Tr. No. 09 of 2019 arising out of Barari (Semapur) P.S. Case No. 312 of 2018 regarding stage of trial in the present case which is received and tagged as Flag "X" to this petition.

In compliance thereof, a report dated 02.08.2021 sent by the Additional District and Sessions Judge VIII, Katihar has been received and at Flag "X" to this application. Learned Judge, apart from the other facts, has stated that three out of six charge sheeted witnesses have been examined till date and the trial is being hampered due to Covid 19 Pandemic. Learned Judge further stated that this record has been received to this court on 02.06.2021 from the court of Fast Track Court No. 1, Katihar. Considering the facts aforesaid, I am not inclined to

Patna High Court CR. MISC. No.15735 of 2021(3) dt.25-08-2021 2/2 enlarge the petitioner on bail. The prayer for bail of the petitioner is rejected.

However, the learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of this order and S.P., Katihar is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

Let a copy of this order be communicated to S.P., Katihar by fax for needful.

If the trial is not concluded within the stipulated period, as aforesaid, the petitioner would be at liberty to renew his prayer for bail.

(Anjani Kumar Sharan, J) GAURAV S./- U T