Md. Naseem @ Chhedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39652 of 2016 Arising Out of PS.Case No. -180 Year- 2014 Thana -LAUKAHA District- MADHUBANI ====================================================== Md. Naseem @ Chhedi Son of Md. Gafur @ Gafur, Resident of villageLadania, P.S.- Laukaha, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S.K.Lal Mr. Ratanakar Jha For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

09-11-2016 Heard Sri S.K.Lal, learned counsel, who was assisted by Sri Ratanakar Jha, learned counsel for the petitioner and Sri Narendra Kumar Singh, learned Addl. Public Prosecutor. This is the 2nd attempt for grant of bail. Earlier, the prayer for bail of petitioner was rejected on 19-01-2016, vide Cr. Misc. No. 56968 of 2015, mainly on the ground that petitioner was the main assailant, who gave khanti blow on the head of the wife of the informant, who subsequently died. Meaning thereby that petitioner was the main assailant.

In this case, earlier by order dated 28-09-2016, a report was called for from the court below regarding stage of the case, which has been received and kept at flag 'X'. The report dated 22-10-2016 suggests that after framing of charge, only one

Patna High Court Cr.Misc. No.39652 of 2016 (5) dt.09-11-2016 2/2 witness was examined till date.

Keeping in view the fact that petitioner is the main assailant, there is no reason to review my earlier order. The prayer for bail again stands rejected.

However, while dismissing, it is desirable to direct the court below to proceed with the case expeditiously so that the case may come to its logical end without unnecessary delay. The concerned Superintendent of Police is also directed to ensure presence of witnesses as and when required by the trial court.

Let a copy of this order be sent to the court below forthwith.

The trial court is directed to take up this matter at least once in a week.

(Rakesh Kumar, J.) Anay U T