Phool Mohammad @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1495 of 2017 Arising Out of PS.Case No. -59 Year- 1994 Thana -GUTHNI District- SIWAN ======================================================

1. Phool Mohammad @ Raju, S/O - Rajbali Ahmad, resident of Village - Mairitar, P.S. - Guthani, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 The petitioner is in custody since 14.06.2016 in connection with Guthani P.S. Case No. 59/94 registered for offences punishable under Section 364/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner was living in the Calcutta as such he could not know about the cancellation of his bail bonds and, therefore, there is no willful disobedience of the order of this Court. He surrendered on 14.06.2014 and since then he has been in judicial custody. Heard learned A.P.P. also.

Having heard both sides, from perusal of the order-sheet it appears that this is a case of misuse of privilege of bail due to which the petitioner's case was separated and the case is pending

Patna High Court Cr.Misc. No.1495 of 2017 (3) dt.08-02-2017 2/2 for trial.

In such view of the matter, I am not inclined to grant the petitioner, the privilege of regular bail at this stage, it is accordingly rejected.

However, leaned trial court is directed to expedite the trial and try to conclude it within a period of six months and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail. (Vinod Kumar Sinha, J) sunil/- U