Amirul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16173 of 2017 Arising Out of PS.Case No. -150 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Amirul Haque, son of Late Basharuddin Haque, resident of VillagePipra, P.O.+P.S.- Majhagarh, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramadhar Shekhar, Advocate For the Opposite Party : Mr. Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew his prayer of bail which was earlier twice rejected vide order dated 27.01.2016 and 09.11.2016 passed in Cr. Misc. No. 48557 of 2015 and Cr. Misc. No. 46548 of 2016, on the ground that the petitioner is suffering in custody since 21.07.2015, there is no specific allegation against the petitioner and due to previous dispute he has been falsely implicated in this case.

Learned APP duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the informant saw the petitioner and others when they were kidnapping the deceased and further saw when they were trying to drag away the dead body. The police has recovered fire arms, knife and 125 ATM cards from their possession. It is also submitted that all the private witnesses have been examined and

Patna High Court Cr.Misc. No.16173 of 2017 (2) dt.03-05-2017 2/2 only official witnesses are yet to be examined and in near future the trial is likely to be concluded.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trial No. 119 of 2016, arising out of Majhagarh P.S. Case No. 150 of 2015, pending in the court of learned Additional Sessions Judge-VIII, Gopalganj.

However, the learned trial court is directed to expedite the trial and to conclude the same preferably within a period of two months from date of receipt/production of a copy of this order after keeping the same on the priority basis, failing which the petitioner, if at no fault, they may be at liberty to renew his prayer for bail.

Let the copy of this order be sent to the Superintendent of Police, Gopalganj, so that the official witnesses who have not turned up for examination may be produced in Sessions Trial No. 119 of 2016, arising out of Majhagarh P.S. Case No. 150 of 2015.

(Jitendra Mohan Sharma, J.) Rajiv/- U T