Md. Ahsan @ Md. Ahsan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41766 of 2018 Arising Out of PS.Case No. -226 Year- 2015 Thana -AKBARPUR District- NAWADA ====================================================== Md. Ahsan @ Md. Ahsan Alam .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shahabuddin Azeem @ S. Azeem For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state as well as learned counsel for the informant.

Learned counsel appearing for the petitioner submits that the petitioner is suffering for mental illness and the doctors had advised the petitioner to come once in a week for routine checkup but when the aforesaid facts was brought to the court below he refused to send the petitioner before the concerned doctor and, therefore, the petitioner should be released on provisional bail so that he could get his treatment. On the other hand, learned counsel appearing for the informant submits that the trial of the petitioner has already been concluded and the case is likely to be posted for judgment in the month of August 2018.

Patna High Court Cr.Misc. No.41766 of 2018 (3) dt.25-07-2018 2/2 From perusal of the impugned order it appears that the learned court below has specifically mentioned in the impugned order dated 03.04.2018 that there was no report of mental illness of the petitioner. Hence, in the aforesaid circumstance, I am not inclined to release the petition on bail and hence, his prayer for bail in connection with Akharpur P. S. Case No. 226 of 2015, pending in the court of Additional Sessions Judge-II, Nawada stands rejected.

(Hemant Kumar Srivastava, J) N.K/- U T