Md. Salim @ Salim Don v. The State Of Bihar

Patna High Court Cr.Misc. No.54738 of 2016 (5) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54738 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -PRANPUR District- KATIHAR ======================================================

1. Md. Salim @ Salim Don son of Late Md. Manjur @ Bauka resident of Mohalla - Choudhary Mohalla, Mahmood Chowk, Police Station - Katihar Town, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Heard the parties.

This application is for grant of bail in connection with Pranpur P.S.Case No.39 of 2016 for the offence under Sections 395 and 397 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the case has been filed under Section 395 and 397 of the Indian Penal Code but the allegation of firing is not against the petitioner and he is in custody for about 5 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that there is allegation against this petitioner also, as such in spite of the fact that the petitioner is in custody for about 5 1⁄2 months, I am not inclined to grant bail to the petitioner, however considering the

Patna High Court Cr.Misc. No.54738 of 2016 (5) dt.08-02-2017 period of custody of the petitioner, the learned trial court is directed to expedite the trial. If the trial is not concluded within a period of one year, the petitioner is at liberty to move for bail. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U