Md. Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14417 of 2015 Arising Out of PS.Case No. -164 Year- 2012 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Md. Naim Son of Ajam Tulla @ Moti Mian Resident of Village - Khaira Jaitpur, Police Station - Sariya Jaitpur, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 08.10.2013 passed in Cr. Misc. No. 16509 of 2013 on the ground that against the cleaner also charge sheet has been submitted and the cleaner is also in custody. Up till now no prosecution witness has been examined in the case which is evident from the report dated 16.09.2015 of the learned trial court. The petitioner is suffering in custody since 16.10.2012 and as such he deserves sympathetic consideration as there is no direct evidence against the petitioner, to which the learned A.P.P. opposes by submitting that the petitioner and the cleaner were in the company of the deceased driver whose dead

Patna High Court Cr.Misc. No.14417 of 2015 (5) dt.11-01-2016 2/2 body was found in the truck.

In the facts and circumstances as stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with S. Tr. No. 155 of 2013 arising out of Lalganj P.S. Case No. 164 of 2012 pending in the court of the Additional Sessions Judge, Vaishali at Hajipur.

However, the trial court is directed to expedite the trial and to conclude the same preferably within nine months, failing which the petitioner shall be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J) Abhay/- U T