Najir Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53576 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -POTHIYA District- KISANGANJ ======================================================

1. Najir Mohammad S/o of late Sharbat Ali Resident of Khajurbari, P.S. Paharkatta, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Utsav Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Earlier, prayer of bail of the petitioner was rejected on merits vide order dated 10.04.2017 by this Court passed in Criminal Miscellaneous No. 13938 of 2017.

Submission of the learned counsel for the petitioner is that the other co-accused namely Parboddin @ Potal has been granted bail vide order dated 17.05.2017 passed in Criminal Miscellaneous No. 13127 of 2017. Three witnesses have been examined in this case and they did not say anything on his involvement. He is in custody since 20.10.2016. Heard learned APP also.

Having heard both sides and in view of facts and circumstances as also the allegations made in paras 6, 7 and 8 of the case diary, I am not inclined to grant bail to the petitioner.

Patna High Court Cr.Misc. No.53576 of 2017 (2) dt.15-11-2017 2/2 Accordingly, this application is dismissed.

However, the learned court below is directed to expedite the trial and conclude the same within a period of six months. If the trial is not concluded within specified period, the petitioner may renew his prayer for bail before the learned court below, who will consider the same on the basis of materials available on record and pass an appropriate order without prejudice by this order.

(Vinod Kumar Sinha, J) ajay gupta/- U T