Patna High CourtCR. MISC./7940/2016rejected

Bablu Miyan v. The State Of Bihar

2016-03-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7940 of 2016 Arising Out of PS.Case No. -44 Year- 2013 Thana -MARHAURA District- SARAN ====================================================== Bablu Miyan, Son of Md. Sarfuddin Miyan, Resident of village-Dhenuki, Police Station -Marhowrah, District-Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 18-03-2016 By way of the present application under Sections 439 and 440 of the Code of Criminal Procedure, the petitioner seeks bail in connection with Sessions Trial No. 237 of 2014 arising out of Marhaura P.S. Case No. 44 of 2013 registered under Sections 302/34 and 201/34 of the Indian Penal Code pending before the learned Additional Sessions Judge-IV, Saran at Chapra.

It has been contended by the learned counsel for the petitioner that the petitioner is in custody since 06.11.2013 and though the evidence is closed and the case is fixed for arguments, the court is vacant as the presiding officer has retired

Patna High Court Cr.Misc. No.7940 of 2016 (3) dt.18-03-2016 2 / 2 and there is no likelihood of conclusion of the trial in near future.

Be that as it may, regard being had to the reasons assigned in the earlier order dated 23.07.2014 by which the application for bail of the petitioner has been rejected, I am not inclined to take a different view of the matter. Accordingly, the application for bail is rejected.

Since the case is fixed for arguments, the learned Additional Sessions Judge-IV, Saran at Chapra is directed to ensure that the case is disposed of at the earliest. Let a copy of the order be transmitted to the learned Additional Sessions Judge-IV, Saran at Chapra. (Ashwani Kumar Singh, J.) Sanjeet/- U T