Alishershah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25182 of 2022 Arising Out of PS. Case No.-84 Year-2019 Thana- KOPA District- Saran ====================================================== Alishershah Son Of Abbas Shah R/O Village - Anwal, P.S.- Kopa, DistrictSaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and the State. Four weeks' time is granted to the counsel for the petitioner to remove the defect(s) as pointed out by the office. The petitioner seeks bail in a case registered for the offence under Sections-147, 148, 149, 323, 324, 307, 302/504 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was twice rejected vide Annexure-1 series to the present application. The first application for bail of the petitioner was rejected vide order dated 17-03-2020 passed in Cr. Misc. No. 80396 of 2020 with a direction to conclude the trial within a period of nine months. The second application for bail of the petitioner was rejected by order dated 29-09-2021 passed in Cr. Misc. No. 28683 of 2021 with a direction to conclude the trial within a period of six

Patna High Court CR. MISC. No.25182 of 2022(3) dt.24-08-2022 2/3 months.

This is the third attempt for regular bail.

A report was called for from the trial court. It has been reported that all the prosecution witnesses have already been examined and the case is still pending at the stage of evidence awaiting injury reports of the alleged injured witnesses namely, Rinku Kumari, Reena Devi, Sri Kant Kumar @ Sri Kant Kumar Sharma, Awadh Kumar @ Awadh Kumar Sharma and Ramesh Kumar.

Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Kapo P.S. Case No. 84 of 2019 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of four months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Saran at Chapra are directed to ensure the production of injury reports of the above-said injured on the date fixed by the trial court so that the trial could be concluded within the stipulated period of four months.

Patna High Court CR. MISC. No.25182 of 2022(3) dt.24-08-2022 3/3 Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Saran at Chapra for needful.

(Sudhir Singh, J) A.K.V.//- U T