Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56859 of 2017 Arising Out of PS.Case No. -598 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Azad Alam son of Geyasuddin Mian Resident of village Singhiya Sagar, P.S. Banjariya, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2017 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 5.5.2017 passed in Cr. Misc. No.19988 of 2017, with direction to the learned trial court to expedite the trial and try to conclude it within a period of six months and if not concluded, the petitioner is at liberty to renew his prayer for bail.

Submission of the learned counsel for the petitioner is that the period of six months has already expired and there is no progress in the trial as not a single witness has been examined. The petitioner is in custody for about 15 months. Heard learned A.P.P. also.

Having heard both sides and from perusal of the report it appears that the charge has been framed but not a single

Patna High Court Cr.Misc. No.56859 of 2017 (3) dt.20-12-2017 2/2 witness has been examined in spite of issuance of warrant of nonbailable arrest. In such view of the matter, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 8th, East Champaran, Motihari in connection with Motihari Town P.S.Case no.598 of 2016.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T