Md. Badre Alam @ Badre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6203 of 2017 Arising Out of PS.Case No. -111 Year- 2015 Thana -PARIHAR District- SITAMARHI ====================================================== Md. Badre Alam @ Badre Alam, Son of Md. Shabir, Resident of VillageEkdandi, P.S. Parihar, District- Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 341, 307, 324 and 302 of the Indian Penal Code.

Earlier the bail application of the petitioner was rejected vide Annexure-2 to the present application taking into account that there was specific allegation of assault alleged against the petitioner.

A report was called for from the trial court regarding the stage of the case. It has been reported that the case has already been committed to the court of Sessions. Out of five accused persons, one accused namely Sadre Alam is absent and against

Patna High Court Cr.Misc. No.6203 of 2017 (3) dt.29-03-2017 2/2 him, the process has already been issued and the trial is expected to be concluded within a period of nine months. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Parihar P.S. Case No. 111 of 2015, pending in the court of learned Chief Judicial Magistrate, Sitamarhi. The Trial court may separate the case of the petitioner and proceed with the trial and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

The District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below. Let a copy of this order be communicated to the District Magistrate, Sitamarhi and the Superintendent of Police, Sitamarhi. (Sudhir Singh, J) Amit/- U T