Patna High CourtCR. MISC./1533/2018disposed

Sohail @ Md. Suhel v. The State Of Bihar

2018-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1533 of 2018 Arising Out of PS.Case No. -93 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Sohail @ Md. Suhel, Son of Md. Ashphak Ahmad, resident of VillageGarahani, P.S.- Charpokhari, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bibhakar Tiwary For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 27.02.2017 passed in Cr. Misc No. 26034 of 2016 with direction to the trial court to expedite the trial and try to conclude the same within a period of six months.

It appears that a report was called for from the concerned court below with regard to stage of trial, from which it appears that only one witness has been examined and in spite of summons, other witnesses have not turned up. However, the trial court has assured that he will conclude the trial by conducting the same on day to day basis.

Submission of learned counsel for the petitioner is that petitioner has been in custody since 01.02.2016 and there is no substantive progress in the trial.

Patna High Court Cr.Misc. No.1533 of 2018 (3) dt.24-01-2018 2/2 Heard learned APP also.

Having heard both sides considering the facts and circumstances of the case and also the report submitted by the concerned court below, I am not inclined to release the petitioner on bail, rather this application is disposed of with direction to the trial court to conclude the trial within a period of four months from the date of receipt of this order and if the trial is not concluded and if the petitioner shall be at no fault in conclusion of trial, the trial court shall release the petitioner on bail to his own satisfaction.

(Vinod Kumar Sinha, J) sunil/- U T