Patna High CourtCR. MISC./45424/2017dismissed

Naushad Alam @ Md. Naushad Alam v. The State Of Bihar

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45424 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -PALASI District- ARRARIA ======================================================

1. Naushad Alam @ Md. Naushad Alam, S/o Late Jalaluddin, resident of Village- Bhattabari, P.S.- Palasi, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.173 of 2017 arising out of Palasi P.S. Case No.12 of 2016 instituted for the offence under Section(s) 302 and other allied Sections of Indian Penal Code pending in the Court of the Additional Sessions Judge, III, Araria.

Prayer of the petitioner for bail was earlier rejected by this Court by order dated 20.01.2017 passed in Cr. Misc. No.51143 of 2016.

From the allegation in the written report, it appears that petitioner is main assailant.

A report was called for from the Court below from which it appears that Charge has already been framed in the case

Patna High Court Cr.Misc. No.45424 of 2017 (3) dt.18-10-2017 2/2 on 01.05.2017.

Petitioner is said to be in custody since 01.10.2016. In the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer of the petitioner for grant of bail is rejected at this stage.

Trial Court is directed to expedite the trial by giving short adjournments and make all efforts to conclude the same within a period of nine months from the date of receipt of a copy of this order since the petitioner is in custody from 01.10.2016. Liberty is given to the petitioner to renew his prayer for bail in the Court below itself in the event trial is not concluded within the aforesaid period and in that event Trial Court will assign reason for not concluding the trial within the aforesaid period.

(Sanjay Priya, J) JA/- U T