Abid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10448 of 2016 Arising Out of PS.Case No. -263 Year- 2013 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Abid Hussain, Son of Mohammad Hussain, Resident of Village - Pakhopali, Police Station - Uchkagaon, District - Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-03-2016 The petitioner seeks bail in connection with Sessions Trial No. 21 of 2015 arising out of Uchkagaon P.S. Case No.263 of 2013 registered under Sections 364, 364-A and 302 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected earlier twice by this Court.

It has been contended by the learned counsel for the petitioner that though the petitioner is in custody since 29.11.2013, there is no substantial progress in the trial. It is further contended that some of the other co-accused persons have already been granted bail by co-ordinate Benches of this

Patna High Court Cr.Misc. No.10448 of 2016 (2) dt.18-03-2016 2 / 2 Court.

On the other hand, learned counsel for the State has contended that charges have already been framed and altogether four witnesses have been examined during trial and the prosecution is taking all possible steps to conclude the trial as early as possible. He has further contended that from perusal of the impugned order itself, it would transpire that the dead body of the kidnapped boy was recovered from the house of the petitioner.

Regard being had to the gravity of the offence and the stage of the trial, I am not inclined to grant bail to the petitioner. Accordingly, the application for bail is rejected. The learned 2nd Additional Sessions Judge, Gopalganj, before whom the trial is pending, is directed to expedite the trial and conclude the same as early as possible. (Ashwani Kumar Singh, J.) Sanjeet/- U T