Patna High CourtCR. MISC./24632/2017rejected

Md. Sarfaraj Alam @ Md. Sarfaraj v. The State Of Bihar

2017-07-05Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.24632 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24632 of 2017 Arising Out of PS.Case No. -210 Year- 2015 Thana -BIHRA District- SAHARSA ====================================================== Md. Sarfaraj Alam @ Md. Sarfaraj Son of Md. Nasir @ Nasir resident of village - Sattar, Gowdam Tola, P.S. - Bihra, District - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 26.04.2016 passed in Cr. Misc. No. 8876of 2016, on the ground that the petitioner is suffering in custody since 12.11.2015, up-till now the trial has not been concluded though there was direction to conclude the trial as per amended proviso of Section 309 of the Cr.P.C., Medical evidence does not support the prosecution version and I. O. is still to be examined.

Learned APP opposes the prayer of bail by submitting that the trial is in progress and it is likely to be included within two months as only I. O. is to be examined.

In the facts and circumstances stated above, at present,

Patna High Court Cr.Misc. No.24632 of 2017 (2) dt.05-07-2017 finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, learned trial court is again directed to expedite the trial and conclude the same as early as possible, preferably within two months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T