Sartaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16341 of 2018 Arising Out of PS.Case No. -139 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Sartaj Khan, S/o Sardar Ahmad Khan, Resident of Village- Dumari, P.S.- Durgawati, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner wants to renew his prayer for bail which was earlier thrice rejected vide orders dated 22.01.2016, 28.09.2016 and 23.08.2017 passed in Cr. Misc. Nos. 53874 of 2015, 29374 of 2016 and 32166 of 2017, on the ground that the petitioner is suffering in custody since 01.09.2015, as per allegation 16 accused persons started indiscriminate firing and as such it appears not reliable and probable that the informant saw the petitioner shooting the deceased, the occurrence is also of 10:00 P.M. and there was no source of identification. The trial has

Patna High Court Cr.Misc. No.16341 of 2018 (2) dt.28-03-2018 2/2 not been concluded within the time given by this Court. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail of the petitioner by submitting that the petitioner is the assailant and the case is fixed for argument.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 345 of 2015/ 444 of 2015 arising out of Durgawati P.S. Case No. 139 of 2015 pending in the court of the Additional Sessions Judge-III, Kaimur at Bhabua. However, considering detention of the petitioner, the learned trial court is directed to expedite the trial and to conclude the same as early as possible preferably within a period of four months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T