Azharuddin Ansari @ Nahhey @ Nanhe v. The State Of Bihar
Patna High Court Cr.Misc. No.45696 of 2016 (2) dt.09-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45696 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================
1. Azharuddin Ansari @ Nahhey @ Nanhe S/o Qamruddin resident of Village- Khawaspur, P.S.- Basantpur, District- Siwan..... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 15.02.2016 passed in Cr. Misc. No. 3932 of 2016, on the ground that the petitioner is suffering in custody since 17.04.2015, the prosecution story appears not probable and reliable, the trial has not been concluded and in near future the trial is not likely to be concluded. There is no chance of tampering with prosecution evidence, co-accused Md. Kamruddin Ansari has been allowed bail by another co-ordinate Bench of this Court.
Learned APP opposed the prayer of bail by submitting that the petitioner had committed rape forcibly with the victim, and further gave knife blow on nose causing injury and bleeding. In the facts and circumstances stated above, finding no
Patna High Court Cr.Misc. No.45696 of 2016 (2) dt.09-11-2016 good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months from the date of receipt/production of a copy of this order taking the same on priority basis.
(Jitendra Mohan Sharma, J) avin/- U T