Patna High CourtCR. MISC./32166/2017rejected

Sartaj Khan v. The State Of Bihar

2017-08-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32166 of 2017 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

Versus

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

For the Petitioner : Mr. Rakesh Singh, Advocate For the Opposite Party : Mr. Sri Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner, the learned counsel for the informant and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier twice rejected vide order dated 22.01.2016 and 28.09.2016 passed in Cri. Misc. No. 53874 of 2015 and Cr. Misc. No. 29374 of 2016, 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 petitioner has been transferred from Bhabhua Jail to Gaya Central Jail and, as such, the trial is not

Patna High Court Cr.Misc. No.32166 of 2017 (3) dt.23-08-2017 2/2 likely to be concluded.

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

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, considering the detention of the petitioner the learned trail Court is directed to expedite the trial and conclude the same as early as possible preferably within six months, from date of receipt/production of a copy of this order. The learned trial court is also directed to secure the attendance of the petitioner.

Let a copy of this order be sent to the Superintendent of police concern for producing the petitioner. (Jitendra Mohan Sharma, J.) Rajiv/- U T