Patna High CourtCR. MISC./39798/2024bail rejected

Md. Sarfaraz Alam @Md. Sarfaraz Ahmad v. The State Of Bihar

2024-07-31Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39798 of 2024 Arising Out of PS. Case No.-71 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Md. Sarfaraz Alam @Md. Sarfaraz Ahmad S/O Late Sirajuddin @Serajuddin RESIDENT OF VILLAGE CHARIHARI (CHARYARI) P.S. SHEIKHPURA DISTRICT SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik Mishra, Adv For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The prayer for the bail of the petitioner in connection with Sheikhopur Sarai P.S. Case No. 71 of 2020 has earlier been rejected vide order dated 22.02.2023 passed in Cr. Misc. No. 61116 of 2022 with liberty to the petitioner that he may renew his prayer for after one year from the date of framing of charge.

3. Counsel for the petitioner submits that charge has been framed on 16.05.2023 and one year has been lapsed.

4. Counsel for the State opposes the prayer for bail and submits that it is the case of Section 302 in which charge has been framed and on earlier occasion vide order dated

Patna High Court CR. MISC. No.39798 of 2024(3) dt.31-07-2024 2/2 30.05.2024 present stage of the case has been called for.

5. Upon perusal of the Report received from the Trial Court, It appears that evidence of all prosecution witnesses has been completed, additional statement of accused under section 313 of the Cr.P.C. has been recorded, but subsequently, recall petition of PW-3 and PW-9 has bee filed under Section 311 of the Cr.P.C., thereafter, again recall petition has been filed which was subsequently recalled and the case was fixed for additional statement under Section 313 of Cr.P.C. and trial is likely to be concluded within a period of three months.

5. In the aforesaid background, this Court is not inclined to enlarge the petitioner on bail.

6. Accordingly, the bail application of the petitioner is hereby rejected and Trial Court is directed to expedite the trial preferably within four months.

(Dr. Anshuman, J) Sunnykr/- U T