Mahboob Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20042 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- BARHARIA District- Siwan ====================================================== Mahboob Alam, Son of Zamirul Haq, Resident of Village - Kudwa, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Barharia P.S. Case No.36 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Earlier the petitioner has moved before this Court by filing Cr. Misc. No. 43362 of 2019 for grant of bail, which was rejected vide order dated 01.08.2019 with a direction to the court below to expedite the trial.

This Court has called for a report with respect to stage of the case, which has been received from the I/c ADJ-III, Siwan, which shows that total seven prosecution witnesses are

Patna High Court CR. MISC. No.20042 of 2020(4) dt.27-11-2020 2/2 to be examined and presently the court is lying vacant since 28.08.2020, but the Presiding Officer assures that trial would be completed within a period of nine months.

Looking to the assurance of the court below and surrounding circumstances, this Court is not inclined to grant bail to the petitioner for the present.

Accordingly, the prayer for bail is rejected. (Shivaji Pandey, J) V.K.Pandey/- U T