Patna High CourtCR. MISC./23644/2019dismissed

Md. Aftab @ Md. Avtav v. The State Of Bihar

2019-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23644 of 2019 Arising Out of PS. Case No.-380 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== MD. AFTAB @ MD. AVTAV Son of Nejarul Hassan @ Md. Chand Resident of Mohalla- Amarpur Road Chamelichak, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 02.11.2018 passed in Cr. Misc. No. 54063 of 2018 and allegation as per F.I.R. is that while the informant was taking cooking oil and edible etc on his pick up van and was going towards the Sultanganj, some motorcyle borne miscreants came and snatched away his mobile and also made firing, which hit on his chick and petitioner was identified in CCTV and it appears that petitioner has criminal antecedent also.

Submission of learned counsel for the petitioner is that other co-accused persons having similar allegation has already been enlarged on bail by a coordinate Benches of this Court vide order dated 30.01.2019 passed in Cr. Misc. No. 3853 of 2019 and vide order dated 02.04.2019 passed in Cr. Misc. No. 16629

Patna High Court CR. MISC. No.23644 of 2019(2) dt.17-04-2019 2/2 of 2019 and petitioner had himself surrender in the court below on 19.02.2018 and since, then, he has been in judicial custody. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail, however, the trial court is directed to expedite the trial and conclude the same within a period of nine months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail. This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T