Alauddin @ Md. Alauddin Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.10236 of 2017 (3) dt.29-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10236 of 2017 Arising Out of PS.Case No. -241 Year- 2015 Thana -POTHIYA District- KISANGANJ ====================================================== Alauddin @ Md. Alauddin Alam Son of Gulam Mustafa @ Marwa Khan Resident of Village- Udgona, P.S. Pothiya, District Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 31.03.2016 and 31.08.2016 passed in Cr. Misc. No. 5275 of 2016 and 34275 of 2016 respectively, on the ground that the petitioner is suffering in custody since 30.11.2015 and the trial has not been concluded and in near future the trial is not likely to be concluded. Learned APP opposes the prayer of bail by submitting that the prosecution witnesses have already been examined, statement of accused has been recorded under Section 313 Cr.P.C., one defence witness has also been examined and at the request of defence next date was fixed on 18.03.2017 for further defence witness and the case is likely to be disposed of within a month

Patna High Court Cr.Misc. No.10236 of 2017 (3) dt.29-03-2017 positively.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, learned trial court is again directed to conclude the trial within one month as sought by him.

(Jitendra Mohan Sharma, J) avin/- U T