Patna High CourtCR. MISC./47304/2016rejected

Md. Rasool Mian @ Rasool Mian v. The State Of Bihar

2016-12-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47304 of 2016 Arising Out of PS.Case No. -84 Year- 2013 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. MD. RASOOL MIAN @ RASOOL MIAN Son of Mda Mian Resident of Village- Yaduapatti, P.S.- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2016 Fresh waive copy of the order dated 28.03.2016 has been filed. Let it be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 18.03.2015 and again by order dated 28.03.2016 in Cri. Misc. Nos. 1296 of 2015 and 4322 of 2016, on the ground that the petitioner is suffering in custody since 28.09.2014 and out of 15 charge-sheeted witnesses only ten prosecution witnesses have been examined and in near future the trial is not likely to be concluded, to which the learned A.P.P. opposes by submitting that the petitioner assaulted the deceased on his head with dabiya and also cut his both legs.

Patna High Court Cr.Misc. No.47304 of 2016 (4) dt.07-12-2016 2/2 In the facts and circumstances stated above, considering that trial is in progress and as such at present I am not inclined to reconsider the prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Session Trial No. 29(A) of 2014 (arising out of Kumarkhand P.S. Case No. 84(s) of 2013, pending in the court of Additional Sessions Judge, 3rd Madhepura.

However, considering the period of detention of the petitioner, the learned trial court is directed to expedite the trial and to conclude the same as early as possible, preferably within a period of four months from the date of receipt/production of a copy of this order, after taking all the positive steps for securing attendance of rest of the prosecution witnesses, failing which the petitioner, if at no fault, may renew his prayer of bail. (Jitendra Mohan Sharma, J) siddharth/- U T