Patna High CourtCR. MISC./9225/2015dismissed

Md. Taiyab Ansari @ Taiyab Ansari v. The State Of Bihar

2016-09-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9225 of 2015 Arising Out of PS.Case No. -35 Year- 2013 Thana -SAHARGHAT District- MADHUBANI =========================================================== Md. Taiyab Ansari @ Taiyab Ansari Son of Rahman Ansari, resident of villageRam Nagar, P.S. Saharghat, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-09-2016 Heard learned counsel for the parties.

The petitioner seeks bail in Saharghat P.S. Case No. 35 of 2013 dated 23.08.2013 instituted under Sections 147/148/149/323/324/307/379 of the Indian Penal Code. This is the second attempt of the petitioner for bail in connection with Saharghat P.S. Case No. 35 of 2013 as earlier such prayer was rejected by order dated 04.08.2014 in Cr. Misc. No. 13318 of 2014. However, the Court below was directed to expedite the trial and conclude the same within six months. The same not being done, a report was called from the trial Court under order dated 08.04.2016 and the report not found satisfactory, explanation was called from the Court below by order dated 03.08.2016, which has been received from the Additional District and Sessions Judge- VII, Madhubani under Letter No. 307 dated 08th August, 2016.

Patna High Court Cr.Misc. No.9225 of 2015 dt.02-09-2016 2/2 In view of the apology tendered the Court would not like to proceed against Mr. Prabhat Kumar Sinha, Additional District and Sessions Judge-VII, Madhubani. However, he is directed to ensure that the trial is concluded positively within three months, failing which this Court shall be constrained to take a strict view in the matter.

On merits, this Court finds no reason to reconsider the matter relating to release of the petitioner on bail as no fresh ground has been brought to the notice of the Court. Accordingly, the application stands dismissed. The Registry shall communicate the order to the Court below through Fax also latest by 05th September, 2016. (Ahsanuddin Amanullah, J.) Anand Kr.

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