Patna High CourtCR. MISC./30395/2018disposal with observation

Md. Shamsul v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30395 of 2018 Arising Out of PS.Case No. -64 Year- 2015 Thana -SAMSTIPUR RAIL P.S DistrictSAMASTIPUR ======================================================

1. Md. Shamsul son of Late Md. Kalyum resident of Village - Bara, P.S. - Khodawandpur, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 16.5.2017 passed in Cr. Misc. No.23040 of 2017, the petitioner has no criminal antecedent and he is accused in four other cases also.

Submission of the learned counsel for the petitioner is that the learned trial court was directed to expedite the trial and try to conclude it within a period of six months but the trial has not been concluded.

Heard learned A.P.P. also and perused the report, from which it appears that all the prosecution witnesses have been examined and the learned trial court has assured to conclude it within a period of three months.

Patna High Court Cr.Misc. No.30395 of 2018 (3) dt.12-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, at this stage I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of two months and however, if the trial is not concluded within the aforesaid period and there is no laches on the part of the petitioner, the petitioner shall be released in connection with Samastipur Rail P.S.Case No..64 of 2015 dated 24.10.2015 corresponding to G.R.No.135 of 2015 giving rise to S.T.No.164 of 2016 to his own satisfaction.. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U