Samim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45415 of 2017 Arising Out of PS.Case No. -65 Year- 2015 Thana -BRAHMPUR District- BUXAR ====================================================== Samim Ansari, Son of Kadir Ansari, Resident of Village- Kant, P.S.- Brahampur, District- Buxar, Bihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code. Petitioner happens to be main assailant and his prayer for bail was thrice rejected by this court. However, while rejecting the prayer for bail of the petitioner vide order dated 15.03.2017 passed in Cr. Misc. No. 3337 of 2017, this court directed the trial court to conclude the trial of the petitioner within three months from the date of receipt/production of copy of the aforesaid order and a liberty was granted to the petitioner to renew his prayer for bail before this court, if his trial is not concluded within the above stated period. However, it is informed that

Patna High Court Cr.Misc. No.45415 of 2017 (2) dt.20-09-2017 2/2 prosecution has already closed its evidence and the case is pending for recording the defence evidence. The aforesaid fact goes to show that trial of the petitioner is on the verge of conclusion. Accordingly, again I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 106 of 2015 arising out of Brahampur P.S. Case No. 65 of 2015 pending in the court of Additional Sessions Judge-V, Buxar stands rejected.

The trial court must conclude the trial of the petitioner within two months from the date of receipt/production of copy of this order, failing which the matter shall be viewed seriously.

The learned Sessions Judge, Buxar should ensure the disposal of case of the petitioner within above stated period of two months.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T