Md. Firoz And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52883 of 2015 Arising Out of PS.Case No. -149 Year- 2012 Thana -PANDAUL District- MADHUBANI ======================================================

1. Md. Firoz

2. Md. Islam Both are Sons of Md. Shamsul resident of village - Gangauli, P.S. Pandaul, District - Madhubani .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have renewed their prayer for bail in connection with Sessions Trial No. 90 of 2012, arising out of Pandaul P. S. Case No. 149 of 2012 registered under Sections 147, 148, 149, 307, 302, 120 B and 324 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/5 of the Explosive Substance Act, 1908. Their prayer for bail was earlier rejected by this Court by a reasoned order on 15.01.2014 in Cr. Misc. No. 33453 of 2013.

It is contended that till date, only three witnesses have been examined during trial and there is no likelihood of

Patna High Court Cr.Misc. No.52883 of 2015 (2) dt.09-12-2015 2/2 conclusion of trial in near future. It is further contended that some of the accused persons have already been granted bail by this Court.

On the other hand, learned counsel for the State has contended that it is a case of multiple murder in which four persons were killed in the most brutal manner under a deep rooted conspiracy hatched up by the petitioners. I have considered the rival submissions and perused the record.

Regard being had to the reasons assigned in the aforesaid order dated 15th January, 2014, I am not persuaded to take a different in the matter. Accordingly, the application is rejected.

The learned Additional District and Sessions Judge, V, Madhubani before whom the trial is pending is directed to hold the trial on day-to-day basis 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 petitioners would be at liberty to renew their prayer for bail before the Court below itself.

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