Bablu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5279 of 2021 Arising Out of PS. Case No.-358 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== BABLU ANSARI S/o Rasool Mohammad Ansari, Resident of Village- Phul Kaul, P.S.- Ramnagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mitali For the Opposite Party/s :

Mr.Sanjay Kr. Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail vide order dated 27.06.2019, the prayer for bail of the petitioner was rejected with a direction to the trial court, to conclude the trial within a period of one year.

Vide order dated 01.02.2021 a report was called for from the learned court below regarding the stage of trial. In compliance of the order dated 01.02.2021 the learned I/C A.D.J.-1st, Bagaha, West Champaran vide his letter no. 124 dated 03.02.2021 has reported that the court where the case is pending, is vacant since 28.01.2021 due to transfer of concerned Judge. Only the Investigating Officer and the doctor are left to be examined and hence, the trial court could not be

Patna High Court CR. MISC. No.5279 of 2021(3) dt.02-03-2021 2/2 concluded the trial within the stipulated period. Learned counsel for the petitioner submits that the petitioner has renewed his prayer without concluding the trial since the court concerned is vacant due to transfer of concerned judge.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Ramnagar P.S. Case No. 358/2018 from the Court of learned A.D.J.-1st, Bagaha, West Champaran. Accordingly, this application is dismissed.

However, if the trial is not concluded within a period of three months, the court below shall enlarge the petitioner on bail.

(Anjani Kumar Sharan, J) amitkumar/- U T