Md.Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43222 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== MD.KASIM Son of Md. Hatim Resident of Bardah, P.S.- Muffasil, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 Earlier prayer for bail of the petitioner was rejected by this Court by order dated 10.12.2018 passed in Cr.Misc.No. 71548 of 2018 and there is allegation of recovery of five country-made pistol along with magazine and four additional magazines from the petitioner and that apart petitioner is accused in two other cases.

Submission of learned counsel for the petitioner is that he is in custody for about 16 months and trial has not been concluded as yet.

Heard learned APP and perused the report of learned trial court, from which it appears that two witnesses have been examined and two witnesses are yet to be examined and informant has already died.

In the above facts and circumstances, I am not

Patna High Court CR. MISC. No.43222 of 2019(3) dt.04-09-2019 2/2 inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and conclude the same within a period of six months. At the same time, the Superintendent of Police, Lakhisarai is directed to ensure the presence of the witnesses in court on the date fixed, otherwise this Court shall take strong action against the erring person. This application is, accordingly, dismissed.

Let this order be communicated to the court concerned as well as the Superintendent of Police, Lakhisarai forthwith.

(Vinod Kumar Sinha, J) spal/- U T