Md. Shamsul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23040 of 2017 Arising Out of PS.Case No. -64 Year- 2015 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ====================================================== Md. Shamsul, son of Late Md. Kaiyum, resident of Village - Bara, P.S. - Khodawanpur, District - Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Samastipur Rail P.S.Case No. 64 of 2015, corresponding to G.R.No. 135 of 2015, Sessions Trial No. 164 of 2016, registered for the offences punishable under Sections 328, 307, 379 and 411 of the Indian Penal Code.

Petitioner is not named in the FIR. However, his name transpires during course of investigation.

It has been submitted on behalf of the petitioner that except confessional statement there is nothing against the petitioner and so far criminal antecedent is concerned, it has been submitted that petitioner is on bail in all other cases and he is in custody since 16.12.2015.

Patna High Court Cr.Misc. No.23040 of 2017 (2) dt.16-05-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that witnesses have named this petitioner and they have also stated that petitioner was seen selling of stolen mobile and was used intoxicant and he has criminal antecedents also. Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner at this stage. However, as it appears from the impugned order that charges have already been framed, learned trial court is directed to expedite the trial and try to conclude the same within a period of six months. If the trial is not concluded within the said period, petitioner may renew his prayer for bail.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U