Md Suleman @ Salman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33892 of 2022 Arising Out of PS. Case No.-123 Year-2014 Thana- SABAUR District- Bhagalpur ====================================================== Md Suleman @ Salman Son of Md. Salauddin Resident of Village - Pithna, P.s.- Goradih, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Sabour (Goradih) P.S. Case No. 123 of 2014 registered under Sections 376, 483, 328 and 307 of the Indian Penal Code. When the matter is taken up for consideration, it is submitted by the petitioner's counsel that for want of evidence of IO, the trial is pending leading to the petitioner's continued custody.
Petitioner, as per his submission, was arrested and
Patna High Court CR. MISC. No.33892 of 2022(2) dt.06-07-2022 2/2 has remained in custody since 26.10.2016.
Since only one witness remains to be examined, this Court today would not take a different view, than what has been taken in order dated 27.04.2018 whereby earlier his prayer for bail was rejected in Cr. Misc. No. 16702/2018. However, in the interest of justice, this Court would observe that trial court should make all endeavors to conclude the trial and examine the IO expeditiously without any undue delay, for which this Court would observe that the assistance of Superintendent of Police, Bhagalpur may also be taken by the trial court. Matter is disposed of.
(Madhuresh Prasad, J) SUMIT/- U T