Abu Talib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61598 of 2022 Arising Out of PS. Case No.-91 Year-2019 Thana- THAKURGANJ District- Kishanganj ====================================================== ABU TALIB Son of Abdul Khalique R/o Village - Chaundi Banwari, P.S.- Kishanganj, Distt.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarveshwar Tiwary, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 489A, 489B, 489C and 34 of the Indian Penal Code.

As per allegation in the F.I.R., on the accused persons being caught by a police team it is stated that fake Indian currency notes to the tune of Rs.94,000/- and counterfeit Nepali currency notes to the tune of Rs.2000/- was recovered from the bag of the petitioner.

Earlier prayer for bail of the petitioner was rejected vide order dated 2.2.2021 passed in Cr.Misc. Case no.30428 of 2020.

It is submitted by learned counsel for the petitioner that even in case of conviction and sentence of the petitioner

Patna High Court CR. MISC. No.61598 of 2022(4) dt.11-01-2023 2/2 under the charged sections, the sentence would be for about a period of 7 years and the petitioner has already remained in custody for 3 years 6 months.

Heard learned A.P.P. for the State.

A report was called for from the learned trial Court. As per the report received contained in letter dated 25.11.2022 of the learned Additional District and Sessions Judge 1st, Kishanganj the prosecution evidence has been closed on 13.9.2021 and the case is fixed for defence evidence. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the progress in the trial in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial and to conclude the same within a period of three months from the date of closure of the defence evidence.

(Partha Sarthy, J) Bibhash/- U T