Gugu Khan @ Vinay Kumar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23993 of 2017 Arising Out of PS.Case No. -93 Year- 2015 Thana -BANGAON District- SAHARSA ====================================================== Gugu Khan @ Vinay Kumar Khan, Son of late Navendra Khan @ Laddu Khan @ Narendra Khan, Resident of Village- Parari, P.S. Bangaon, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate For the Opposite Party : Mr. Atul Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier dismissed as not pressed vide order dated 11.05.2016 passed in Cri. Misc. No. 10050 of 2016 which was disposed of with Cr. Misc. No. 10528 of 2016, on the ground that the petitioner is suffering in custody since 21.12.2015, the trial has not been concluded as yet. Similarly situated co-accused Balram Khan has been allowed bail and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting

Patna High Court Cr.Misc. No.23993 of 2017 (4) dt.19-07-2017 2/2 that the record of Sessions Trial No. 34 of 2016 is pending for defence argument since 14.06.2017 and the defence is taking time and, as such, the trial is likely to be concluded. In the facts and circumstances stated above, at this stage, I am not inclined to release the petitioner on bail and accordingly his such prayer stands rejected in connection with Sessions Trail No. 34 of 2016, arising out Bangaon P.S. Case No. 93 of 2015) pending in the court of learned 1st Additional Sessions Judge, Saharsa.

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

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