Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7252 of 2021 Arising Out of PS. Case No.-53 Year-2018 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== MD. KASIM S/O MD. HATIM R/O VILLAGE-BARDAH, P.S.-MUFFASIL, DISTRICT MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Jha, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-07-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in GRP Jhajha PS Case No. 53 of 2018, S.Tr. No. 115 of 2018 registered under Sections 25(1-B), a, 26(1) and 35 of the Arms Act.

The petitioner's prayer for bail was earlier rejected on 4.9.2019 in Cr. Misc. No. 43222 of 2019.

The Court had earlier called for a report. Additional District & Sessions Judge III, Lakhisarai has sent a report that four witnesses have already been examined.

From perusal of the order rejecting the prayer on earlier occasion on 4.9.2019 it is evident that there were total four witnesses.

Patna High Court CR. MISC. No.7252 of 2021(5) dt.23-07-2021 2/2 Since examination of witnesses, as per the report, is complete, this Court, for the present, does not consider it fit to grant bail to the petitioner. However, if the trial is not finally concluded and disposed of within a period of three months, the petitioner would be at liberty to renew his prayer.

Learned APP has appeared through virtual mode. The application is rejected.

(Madhuresh Prasad, J) SNkumar/- U T