Patna High CourtCR. MISC./25709/2025disposed

Md. Shamsher @ Shamsher v. The State Of Bihar

2025-08-08Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25709 of 2025 Arising Out of PS. Case No.-113 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Shamsher @ Shamsher S/o Md. Moin Resident of Village- Kurban, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Senior Advocate :

Mr. Najmul Hoda, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2025 Heard learned senior counsel for the petitioner and learned APP for the State.

2. Earlier, the bail petition of the petitioner was rejected vide order dated 23.08.2024 passed in Cr. Misc. No. 20277 of 2024.

3. While making prayer for bail, learned senior counsel for the petitioner has submitted that the charges were framed on 27.06.2024 and till date, out of ten prosecution witnesses, only one witness has been examined whereas the petitioner is under custody since 15.12.2023.

4. A report was called for from the learned Court below which has been received.

5. From perusal of the aforesaid report, it appears that

Patna High Court CR. MISC. No.25709 of 2025(3) dt.08-08-2025 2/2 out of ten witnesses, only one witness has been examined till date whereas non-bailable warrant of arrest against the rest witnesses has already been issued.

6. The learned Court below is directed to conclude the trial within a period of 9 months, failing which the petitioner shall be at liberty to renew his prayer for bail.

7. The Senior Superintendent of Police, Bhagalpur is directed to ensure the production of the witnesses before the learned Court below on the date fixed.

8. The witnesses, if produced, shall not be returned without being examined and the learned trial Court shall not give date of more than 10 days in this case.

9. With these observations, the present petition stands disposed of.

10. Let a copy of this order be transmitted to Senior Superintendent of Police, Bhagalpur immediately. (Nawneet Kumar Pandey, J) AjayMishra/- U T