Patna High CourtCR. MISC./48905/2014rejected

Shahjahan Ansari v. The State Of Bihar

2015-03-31Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48905 of 2014 Arising Out of PS.Case No. -114 Year- 2009 Thana -DHURAIYA District- BANKA ====================================================== SHAHJAHAN ANSARI SON OF MUSLIM ANSARI RESIDENT OF VILLAGE - KARIYANA, P.S. BASANTRAY, DISTRICT - GODDA (JHARKHAND).

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Brij Nandan Prasad, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 31-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Anil Yadav and Satya Narayan Yadav who were cattle traders fallen prey at the hand of dacoits who after committing their murder, succeeded in their escape along with body. It is evident from the case diary that during course of investigation police arrested one Md. Hasim @ Hasuwa who made inculpatory extra judicial confessional statement and on account thereof, other accused were apprehended including the petitioner as well as dead body of both two were recovered. It is also apparent that subsequently thereof, petitioner was sent to Godda Jail on 26.10.2009 wherefrom he has been transmitted on 13.05.2014. During midst thereof, charge sheet was submitted against the petitioner along with others. It is also apparent that

Patna High Court Cr.Misc. No.48905 of 2014 (3) dt.31-03-2015 some of the accused had faced trial more particularly Md. Zaheer and who on account of being convicted had preferred Cr. Appeal (DB) No.22 of 2012. It is also apparent that save and except one Md. Haidar Ansari and Haldar Das bail petition of Sk. Zahir @ Zahir 2 Jichhua, Md. Hasim @ Hasuwa found dismissed by this Court.

At the present moment, I do not see it a fit case for grant of bail, accordingly prayer for bail is rejected. Learned lower court is directed to expedite committal as well as trial of the petitioner without waiting for presence of other co-accused.

(Aditya Kumar Trivedi, J.) PN/- U T