Patna High CourtCR. MISC./33095/2017dismissed

Md. Hiru @ Md. Hirwa v. The State Of Bihar

2017-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33095 of 2017 Arising Out of PS.Case No. -504 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Hiru @ Md. Hirwa, son of late Md. Salauddin, resident of MohallaBhikhanpur, Gumti No.3, Police Line (Bhikanpur) P.S.-Ishakchak, Distt. Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kotwali P.S. Case No. 504 of 2016 registered for the offences punishable under Section 395 of the Indian Penal Code.

Petitioner is not named in the FIR and his name transpires in the confession of the petitioner and petitioner has been made accused in 17 other cases.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and nothing has been recovered from his possession and no Test Identification Parade was held and on the basis of suspicion he has been made accused in this case and he is in custody in the present

Patna High Court Cr.Misc. No.33095 of 2017 (4) dt.04-09-2017 2/2 case since 16.5.2016.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial on day to day basis and try to conclude it within a period of five months and at the same time Superintendent of Police, Bhagalpur is directed to ensure the presence of the witnesses in court on the date fixed so that the trial be concluded within the specified period. If trial is not concluded within the said period, petitioner may renew his prayer for bail.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U