Shah Mahamad Mian @ Sah Mohammed @ Sah Mohammed v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36074 of 2014 Arising Out of PS.Case No. -39 Year- 2006 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shah Mahamad Mian @ Sah Mohammed @ Sah Mohammed, S/o Rahmat Mian @ Raghunath Mian, Resident of Village Belwa, P.S. harpur (Adapur), District East Champaran .... Petitioner

Versus

1. The State of Bihar

2. Bharat Prasad, son of late Kedar Prasad, Proprietor Navin Vastralay, P.O. & P.S. Raxaul, district East Champaran .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Santosh Kumar Verma, Adv. For the Opposite Parties : Mr. R.B.Rai Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2018 Perused the report at flag "A".

It appears that out of ten prosecution witnesses, four have already been examined, cross-examined and discharged and bailable warrants of arrest have been issued against the remaining charge sheet witnesses.

In that view of the matter, this Court is not inclined to interfere with the order refusing to discharge the petitioner. The petitioner would be well advised to contest at the trial. It is observed that the trial Court would take all coercive step(s) to procure the attendance of the witnesses so that the trial of the petitioner is concluded, preferably within a period of six months.

With the aforesaid observations, this application is disposed off.

(Ashutosh Kumar, J) SA/- U √ T √