Md. Seraj @ Md. Siraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40707 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== MD. SERAJ @ MD. SIRAJ SON OF ISMIL KHAN RESIDENT OF VILLAGE-CHAINPURA, P.S.-BIHAR, DISTRICT-NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindeshwar Prasad Singh For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Bihar P.S. Case No. 41 of 2019, registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
Earlier the bail application of petitioner was rejected vide order dated 27.02.2020. Vide order dated 24.02.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'R'), which reveals that charges has already been framed. Till date no witnesses have turned up and case is fixed for evidence. Petitioner is in custody since
Patna High Court CR. MISC. No.40707 of 2020(3) dt.08-04-2021 2/2 3.10.2019.
Counsel for the State vehemently opposed the bail application and submitted that petitioner is accused in ten other cases of similar nature including the case of Arms Act. Considering the stage of trial and criminal antecedent of petitioner, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. As the petitioner is in custody since 3.10.2019, trial court is directed to conclude the trial as early as possible. (Prabhat Kumar Singh, J) vinita/- U T