Md. Shamim Uddin @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53356 of 2021 Arising Out of PS. Case No.-187 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== MD. SHAMIM UDDIN @ SHAMIM, S/o LATE MD. EJAJUDDIN R/o VILLAGE-BELAN BAZAR, P.S-KASIM BAZAR, DISTRICT-MUNGER. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Abdul Mannan Khan, learned Advocate for the petitioner and learned APP for the State.

By order dated 25.01.2021, the prayer for bail of the petitioner was rejected. However, taking into account that the petitioner is in custody since 03.08.2019, a direction was issued to the Court below to conclude the trial as expeditiously as possible. The petitioner was further directed to approach the Trial Court, in case there was no substantial progress in trial within the period of next six months, for grant of bail but only when such delay would not be attributable to the

Patna High Court CR. MISC. No.53356 of 2021(3) dt.12-01-2022 2/2 petitioner.

It appears from the impugned order that all the five prosecution witnesses have been examined but the case is pending trial for the examination of defence witnesses. Now it is up to the petitioner to have the case concluded after offering all the witnesses on its behalf. In any view of the matter, if no delay is caused by or on behalf of the petitioner, the trial ought to be concluded within the next three months.

If the delay is not on account of the petitioner in conclusion of trial, the petitioner would have the liberty to approach this Court again.

The petition stands disposed off, accordingly. (Ashutosh Kumar, J) skm/- U T