Md. Nashrul @ Md. Nasrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41747 of 2021 Arising Out of PS. Case No.-128 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== MD. NASHRUL @ MD. NASRUL Son of Md. Chhotu Resident of Fatehpur Mukari Tola, P.S.- Industrial Area, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Mohtashim Akhtar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-09-2021 Heard learned counsels for the petitioner and the State.

Petitioner has earlier moved this Court for grant of bail in Cr. Misc. No. 15094 of 2020, which was rejected vide order dated 03.03.2020, as contained in Annexure-1. Learned counsel appearing for the petitioner submits that petitioner is rotting in judicial custody since 19.09.2019 i.e. for more than two years and the trial of the case has not yet concluded.

A report was called for from the court below regarding the stage of the trial, which has been received and is kept at Flag- 'R". Perusal of the report shows that the trial is pending for examination of witnesses.

Patna High Court CR. MISC. No.41747 of 2021(3) dt.29-09-2021 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that the prayer for bail of the petitioner was earlier rejected on merits and there is no fresh ground urged on his behalf.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

However, the trial Court is directed to conclude the trial of the case within six months.

(Arvind Srivastava, J) mcv/- U T