Sharukh Khan @ Shahrukh Khan @ Shahru Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31894 of 2020 Arising Out of PS. Case No.-40 Year-2013 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Sharukh Khan @ Shahrukh Khan @ Shahru Khan Son of Javed Khan @ Jauad Khan Resident of Village - Ratanpura, P.S.- Sherghati, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Chandra, Advocate For the Opposite Party :

Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-01-2021 Perused the report dated 14th December, 2020 submitted by the learned Additional District & Sessions JudgeIII, Gaya in compliance with the order dated 02.12.2020. The report submitted by him would reveal that due to pandemic Covid-19, the trial of the accused could not be proceeded further after the imposition of lockdown. Since the physical court functioning has been resumed, he stated that the trial of the case would be completed within four months.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Magadh Medical P.S. Case No.40 of 2013 registered under Sections 302, 120-B/34 of the Indian Penal Code and Section 27

Patna High Court CR. MISC. No.31894 of 2020(3) dt.20-01-2021 2/2 of the Arms Act.

The application for grant of bail to the petitioner was rejected thrice earlier. The last order of rejection is dated 17.04.2019 passed in Cr.Misc.No.20763 of 2019. The only ground on which the prayer has been renewed is the custody of the petitioner for a little over 4 years.

As there is no changed circumstance and out of 10 charge sheeted witnesses, nine has already been examined and the trial court has sought for four months' further time in order to complete the trial, I see no reason to take a different view of the matter.

The prayer for bail is rejected.

In case the trial of the petitioner is not completed within four months from the date of receipt/production of a copy of this order, the petitioner would be at liberty to renew his prayer for bail before the court below itself. (Ashwani Kumar Singh, J) kanchan/- U T