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Patna High CourtCR. MISC./5139/2017dismissed

Md. Reyaz @ Surya @ Reyaz Ansari v. The State Of Bihar

2017-02-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5139 of 2017 Arising Out of PS.Case No. -252 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Md. Reyaz @ Surya @ Reyaz Ansari, son of Late Faiaz Ahmed, resident of Mohalla- Maharajganj, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner seeks regular bail in connection with Laheriasarai P.S. Case No. 252 of 2016, registered for offences punishable under Sections 341, 323, 379, 387 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though the allegation against the petitioner is that he gave a knife blow to the informant, however the whole prosecution story is false and baseless as it was the Arun Yadav (Staff of the Informant), who used to demand extortion from the informant and only because the petitioner had friendly terms with the said Arun Yadav, the petitioner has been dragged in this case and he has been in judicial custody since 15.09.2016.

Learned counsel for the State opposed the prayer for bail.

Patna High Court Cr.Misc. No.5139 of 2017 (2) dt.15-02-2017 2/2 Having heard both sides, in view of the fact that there is direct allegation against the petitioner of demanding extortion from the informant for which he assaulted the informant by knife, I am not inclined to grant the petitioner the privilege of regular bail, at this stage, it is accordingly rejected. However, the trial court is directed to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T