Md Heera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58430 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MD HEERA, Son of Md. Zubair @ Md. Umar @ Umar @ Mohammad Umar Resident of Village - Miyachak, Chamra Godown, Ward No.22, P.s.- Town Ratanpur O.P., Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. Umesh Lal Verma, learned APP for the State.

The prayer for bail of the petitioner was earlier rejected vide order dated 07.09.2020 passed in Cr. Misc. No. 21793 of 2020.

While rejecting the prayer for bail, this Court had directed the trial court to conclude the trial as early as possible and had also given a liberty to the petitioner to approach the Trial Court in case there was no substantial progress in the trial within a reasonable

Patna High Court CR. MISC. No.58430 of 2021(3) dt.12-01-2022 2/2 period of time.

On 01.12.2021, the Court had called for a report from the court below about the stage of the case. The report has since been received, which indicates that all the witnesses on behalf of the prosecution except the IO and the doctor have been examined and there is every possibility of those two witnesses also being examined within a short time. Considering the aforesaid report and the nature of accusation against the petitioner, I am not inclined to grant bail to him during the pendency of the trial. The prayer for bail is rejected.

However, the Trial Court is directed to conclude the trial positively within a period of four months, failing which the petitioner would again have the liberty to approach the Trial Court for grant of bail.

(Ashutosh Kumar, J) skm/- U