Patna High Court/23188/2021rejected

Md Shaukat v. The State Of Bihar

2021-08-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23188 of 2021 Arising Out of PS. Case No.-320 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== MD SHAUKAT SON OF MD. JABIR R/O VILLAGE- VAKHRAULI, P.S.- MADHUBANI TOWN, DISTRICT- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 320 of 2017 for the offence under Section 304(B)/34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 29.11.2019 passed in Cr. Misc. No. 38068 of 2019 with a direction to the court below to conclude the trial within six months from the date of order but the trial of the case has not been concluded despite the order of this Court. The petitioner is rotting in judicial custody since 15.03.2018 i.e. more than three years

Patna High Court CR. MISC. No.23188 of 2021(3) dt.25-08-2021 2/2 and there is no substantial progress in the trial. A report was called for regarding the state of trial and the same has been received from the court below which indicates that trial of the case is pending for examination of defense witnesses.

Learned APP for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merits and now no fresh ground is made out for reconsideration of the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the report of the trial court, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) Brajesh/- U T