Saiyed Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39859 of 2022 Arising Out of PS. Case No.-35 Year-2018 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== SAIYED ALI Md. Kamaluddin R/o village- Bela Chhapra, P.S.- Bela, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

This is the second attempt of the petitioner to approach before this Court for bail. Earlier, vide order dated 23.09.2021 passed in Cr. Misc. No. 13340 of 2021, the prayer for bail of the petitioner was rejected.

Vide order dated 03.08.2022, a report was called for from the learned Court below regarding the stage of the trial and

Patna High Court CR. MISC. No.39859 of 2022(3) dt.31-08-2022 2/3 the time likely to be taken in conclusion of the trial. In compliance thereof, a report dated xxxx has been sent by the learned 2nd Additional District & Sessions Judge, Muzaffarpur which is at Flag 'A' to this application. In his report, the learned Judge has, inter alia, stated that the trial our of eight non-official witnesses, seven non-official witnesses has been examined and rest one non-official witness has not been examined. It is further stated that out of two official witnesses, I.O. has not been examined.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby once again rejected.

The learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within a period of six months. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and Senior Superintendent of Police, Muzaffarpur is directed to ensure production of rest of the witnesses in the case on each

Patna High Court CR. MISC. No.39859 of 2022(3) dt.31-08-2022 3/3 and every date fixed without fail.

Let a copy of this order be communicated to S.S.P., Muzaffarpur by fax for needful.

(Anjani Kumar Sharan, J) Trivedi/- U T