Md. Shehbaz Alam @ Shahbaz Alam @ Parwez @ Pawez v. The State Of Bihar

Patna High Court Cr.Misc. No.31606 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31606 of 2017 Arising Out of PS.Case No. -154 Year- 2015 Thana -AIRPORT District- PATNA ======================================================

1. Md. Shehbaz Alam @ Shahbaz Alam @ Parwez @ Pawez Son of Md. Shamimudidin, Resident of MohallaGulistan, Police StationPhulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02.08.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

No doubt, the petitioner is in jail custody since 11.1.2016 and up till now, no prosecution witness could be examined though charge against him was framed on 11.11.2016 but taking into consideration the nature of the allegation as well as his criminal antecedent, again, I am not inclined to release the petitioner on bail and his prayer for bail in connection with Hawai Adda P.S. Case no. 154/2015 pending in the court of Addl. Chief Judicial Magistrate, Patna stands rejected.

However, trial court must expedite the trial of the petitioner and ensure the presence of prosecution witnesses even by taking stern action against the concerned police officials in accordance with law. It is made clear that if trial of the petitioner is not concluded

Patna High Court Cr.Misc. No.31606 of 2017 (3) dt.02-08-2017 within four months from the date of receipt/production of a copy of this order, petitioner may renew his prayer for bail before the trial court itself.

shahid (Hemant Kumar Srivastava,J) U T