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Patna High CourtCR. MISC./37052/2016rejected

Laddan Alam @ Laddan Jishan v. The State Of Bihar

2016-11-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37052 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Laddan Alam @ Laddan Jishan, Son of Md. Farooque, resident of VillageDhanpur, Police Station- Kochadhaman in the district of Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A), 372, 120(B)/34 of the Indian Penal Code.

Although, the trial court has reported that out of nine prosecution witnesses, only two prosecution witnesses could be examined but learned counsel appearing for the informant informs this court that three prosecution witnesses have already been examined. Learned counsel for the informant further submits that informant is ready to produce his witnesses before the trial court whenever their presence is required by the concerned trial court.

Patna High Court Cr.Misc. No.37052 of 2016 (3) dt.09-11-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for bail of the petitioner in connection with Sessions Trial No. 78 of 2016 arising out of Kochadhaman P.S. Case No. 153 of 2015 pending in the court of learned Additional Sessions Judge-II, Kishanganj is again rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within three months from the date of receipt/production of copy of this order even by taking the trial of the petitioner on day to day basis. It is made clear that if the trial of the petitioner is not concluded within the above stated period due to non cooperation and laches of the prosecution, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T