Noor Hussain @ Noor Hussian @ Nur Hossain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36723 of 2020 Arising Out of PS. Case No.-35 Year-2019 Thana- PAHARKATTA District- Kishanganj ====================================================== Noor Hussain @ Noor Hussian @ Nur Hossain S/O Late Gyasuddin @ Gheyasuddin R/O Village - Miyabasti Dhantola, P.S. - Islampur, District - Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2021 Heard both sides through video conferencing.

The petitioner seeks bail in Paharkatta P.S. Case No.35 of 2019 registered under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 29.02.2020. Petitioner is not named in the F.I.R. Petitioner is in custody since 05.12.2019. Petitioner has already remained in jail for more than 11⁄2 years. The trial is still pending and only two prosecution witnesses have been examined.

Taking into consideration the facts that looted motorcycle was recovered from the possession of the petitioner and two prosecution witnesses have already been examined, I

Patna High Court CR. MISC. No.36723 of 2020(3) dt.23-06-2021 2/2 am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within three months from the date of receipt of this order.

If the trial is not concluded within three months from the date of receipt of this order, learned court below shall enlarge the petitioner on bail to its own satisfaction. (Prabhat Kumar Jha, J) Saurabh/- U T