Patna High CourtCR. MISC./50095/2016rejected

Md. Kasim v. The State Of Bihar

2016-11-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50095 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -GOGRI District- KHAGARIA ====================================================== Md. Kasim S/o Md. Riyaj, Resident of Village- Goraiya Bathan, P.S.- Gogari, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anisur Rahman For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected by order dated 02.11.2015 passed in Cri. Misc. No. 29257 of 2015 on the ground that the petitioner is in custody since 28.01.2015 and the trial has not been concluded within the stipulated period. Again by order dated 22.06.2016 four months time was granted to conclude the trial but still the trial has not been concluded and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail by submitting that all the witnesses have been examined but thereafter on behalf of the defence a petition was filed to recall the

Patna High Court Cr.Misc. No.50095 of 2016 (2) dt.30-11-2016 2/2 doctor for further cross-examination and for that the record is pending.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again the prayer of the bail of the petitioner stands rejected. However, the trial Court is directed to expedite the trial and conclude the same as early as possible preferably within 2 months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Amit/- U T