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Patna High CourtCR. MISC./41943/2023rejected

Sheikh Sahbub v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41943 of 2023 Arising Out of PS. Case No.-140 Year-2001 Thana- RAMGARHWA District- East Champaran ====================================================== Sheikh Sahbub Son Of Sheikh Sakur @ Shakur Resident Of Village - Aryanagar, Ps- Ramgarhwa, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Ramgarhwa P.S. Case No. 140 of 2001 instituted for the offence punishable under Sections 147, 448, 341, 323, 307 of the Indian Penal Code.

The present case was registered in year of 2001 and the petitioner was granted bail on 23.03.2002 by learned SDJM, Raxaul. Thereafter due to non-appearance of the petitioner, his bail bond was cancelled on 11.12.2008. Thereafter, he remained absent in spite of after issuing all the processes against him and he was declared absconder on 1.12.2011. He was arrested by the police on 27.03.2023 and since then he is languishing in judicial custody.

Patna High Court CR. MISC. No.41943 of 2023(2) dt.14-07-2023 2/2 There is a willful and mala fide intention of the petitioner and due to his non-appearance, the trial has hampered. Having heard learned counsel for the parties and considering the fact that there is huge misuse of bail, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer of bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T