Patna High CourtCR. MISC./49963/2017rejected

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

2017-10-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49963 of 2017 Arising Out of PS. Case No.-210 Year-2015 Thana- BIHRA District- Saharsa ====================================================== Md. Sarfaraj Alam @ Md. Sarfaraj, Son of Md. Nasir @ Nasir, Resident of Village- Sattar, Gowdan Tola, P.S.- Bihara, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. SRI MADAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 26.04.2016 and 05.07.2017 passed in Cr. Misc. No. 8876 of 2016 and 24632 of 2017 respectively, on the ground that the petitioner is in custody since 12.11.2015, up-till now the trial has not been concluded though there was direction to conclude the same, medical evidence does not support the prosecution version and all the prosecution witnesses have been examined.

Learned APP opposes the prayer of bail by submitting that the trial is likely to be concluded within two months. In the facts and circumstances stated above, finding no

Patna High Court Cr.Misc. No.49963 of 2017(2) dt.18-10-2017 2/2 good ground for reconsideration of the prayer of bail of the petitioner, again his such prayer stands rejected in S. T. No. 99 of 2016 pending in the court of learned Additional Sessions Judge I, Saharsa.

However, learned trial court is again directed to expedite the trial and conclude the same as early as possible, preferably within two months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

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