Sameer Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51068 of 2018 Arising Out of PS. Case No.-465 Year-2010 Thana- BETTIAH CITY District- West Champaran ====================================================== Sameer Ansari Son of Mobin Ansari Resident of Village Jamadar Tola, Police Station Bettiah Town, District West Champaran. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 Petitioner prays for bail in connection with Sessions Trial No. 357 of 2016, arising out of Bettiah Town P.S.Case No. 465 of 2010 registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code, including Section 27 of the Arms Act.

As per FIR the informant suspects the hand of the petitioner in causing death of her husband and further it appears that petitioner has surrendered after four years of the occurrence.

Submission of learned counsel for the petitioner is that he is in custody for the last five years and till date not a single witness has been examined though charge has been framed in this case.

Patna High Court Cr.Misc. No.51068 of 2018(4) dt.26-11-2018 2/2 Heard learned APP also, who has drawn my attention towards some paragraphs of the case diary which disclosed that petitioner is the main accused as he fired at the deceased and caused his death.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. Since the petitioner is in custody for the last five years, learned trial court is directed to expedite the trial of the petitioner on regular basis so that the same may be concluded within one year. At the same time, Superintendent of Police, West Champaran, Bettiah is directed to produce the witnesses in court on the date fixed. The aforesaid direction must be complied with in strict sense.

With the above observation and direction, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T