Md. Parbej Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.29791 of 2015 (7) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29791 of 2015 Arising Out of PS.Case No. -443 Year- 2012 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Parbej Alam S/o Md. Shauket Ali R/o Malhipur, P.S. Baraum, Distt. - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report but in first information report, the informant only expressed his suspicion. Moreover, in course of investigation, some co-accused were arrested and on their disclosure, the dead body of deceased was recovered.

Learned counsel for the petitioner submits that co-accused Md. Barkat Mian having similar allegation has already been granted privilege of bail by a Coordinate Bench of this Court. Learned counsel appearing for informant points out that coaccused Md. Baraket Mian and six others have already been convicted by learned Sessions Judge, Begusarai in Sessions Case

Patna High Court Cr.Misc. No.29791 of 2015 (7) dt.07-12-2015 No. 429 of 2013.

Regard being had to the facts and circumstances of the case as well as submissions of the parties; I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with Barauni P.S. Case no. 443 of 2012 presently, pending in the Court of Additional Sessions Judge IV/concerned court, Begusarai, stands rejected.

However, learned Additional Sessions Judge, IV, Begusarai is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within seven months from the date of receipt / production of copy of this order. Since the informant is being represented before this Court, this Court expects and hopes that the informant shall produce all his witnesses except official witnesses before the Trial Court within four months from the date of receipt / production of copy of this order before the concerned Court.

It is made clear that if, trial of the petitioner is not concluded within the above said period of seven months, petitioner may renew his prayer for bail before the learned Trial Court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T