Patna High CourtCR. MISC./25386/2017dismissed

Moin Alam v. The State Of Bihar

2017-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25386 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -JANTA BAZAR District- SARAN ====================================================== Moin Alam, son of Md. Hussain @ Khairat Mastan, resident of VillageTajpur Basnahi, P.S.- Janta Bazar, District- Saran at Chapra (Bihar). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Janta Bazar P.S.Case No. 46 of 2016 registered for the offences punishable under Sections 341, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of bail as earlier his prayer for bail was rejected in Cr.Misc.No. 49176 of 2016, vide order dated 13.12.2016 with an observation of expedition of trial.

It has been submitted on behalf of the petitioner that now charge has been framed in this case on 12.4.2017 but not a single witness has been examined and petitioner is a student and he is in custody for ten months.

Patna High Court Cr.Misc. No.25386 of 2017 (2) dt.28-06-2017 2/2 Heard learned APP also.

Having heard both sides and considering the fact that there is allegation against the petitioner of firing causing injury on the head of the informant, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial as charge has been framed in this case and try to conclude the same within a period of six months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, who will consider the same on the basis of materials available on record at that time and at the same time Superintendent of Police of the concerned district is directed to ensure the presence of the witnesses on the date fixed. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U