Patna High CourtCR. MISC./6420/2015dismissed

Md. Imtiyaz @ Md. Abbu @ Abbu v. The State Of Bihar

2016-08-12Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6420 of 2015 Arising Out of PS.Case No. -197 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER =========================================================== Md. Imtiyaz @ Md. Abbu @ Abbu Son of Md. Kamaluddin @ Md. Kamal, Resident of Bakarpur, Post Dariyapur, P.S. Muffasil, District - Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-08-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Muffasil P.S. Case No. 197 of 2013 dated 27.08.2013 instituted under Sections 25(1B)(a)/26(1)(2)(3) of the Arms Act, 1959 and 16/20 of the Unlawful Activities (Prevention) Act, 1967.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 31.07.2014 in Cr. Misc. No. 11804 of 2014.

Since by the earlier order of rejection, the Court below was directed to expedite the trial and conclude the same within six months, not having been complied with, a report was called for. The

Patna High Court Cr.Misc. No.6420 of 2015 dt.12-08-2016 2/2 same has been received from the ADJ-5th, Munger dated 02.08.2016, in which it has been stated that the last prosecution witness has been examined on 22.07.2016 and statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 has also recorded on 28.07.2016 and the case has been taken up on a day to day basis. In view of the aforesaid, the Court is not inclined to grant bail as the trial itself has almost reached to its logical conclusion.

Accordingly, the application stands dismissed. However, the Court below is directed to ensure that the trial is concluded latest by 30th September, 2016 subject to cooperation by the accused.

The order be communicated to the Court below through Fax also latest by 17th August, 2016.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A