Patna High CourtCR. MISC./20763/2019dismissed

Shahrukh Khan v. The State Of Bihar

2019-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20763 of 2019 Arising Out of PS. Case No.-40 Year-2013 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Shahrukh Khan Son of- Jawed Khan Resident of village-Ratanpura, P.S. Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dudheshwar Singh For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 Earlier the prayer for bail of the petitioner was rejected twice firstly vide order dated 17.04.2017 passed in Cr. Misc. No. 14511 of 2017 and secondly vide order dated 10.01.2018 passed in Cr. Misc. No. 1688 of 2018. The petitioner seeks regular bail in connection with Magadh Medical College P.S. Case No. 40 of 2013, registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Submission of learned counsel for the petitioner is that the petitioner is in custody since 24.10.2016 and uptil now the trial has not been concluded.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the

Patna High Court CR. MISC. No.20763 of 2019(2) dt.17-04-2019 2/2 petitioner on the ground that out of 10 charge-sheeted witnesses, 9 have already been examined and for examination of the I.O. the next day is fixed 23.04.2019.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.

However, the learned trial Court is directed to expedite the trial and at the same time, Senior Superintendent of Police, Gaya is directed to produce the I.O. in the court on the next day fixed.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T