Jainul Main Andanr v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28003 of 2017 Arising Out of PS.Case No. -18 Year- 1999 Thana -BARHARA District- PURNIA ======================================================

1. Jainul Main son of Late Miajan Mian,

2. Siraj Mian, son of Md. Jainul Mian, Both are resident of Village - Birnia, P.S. Barhara, Distt. Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate. For the Opposite Party/s : Ms. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-07-2017 Heard Sri Kamal Kishore Singh, learned counsel for the petitioners, and Smt. Sharda Kumari, learned A.P.P. for the State.

The petitioners in the present case are seeking regular bail in connection with S.T. No. 266/2016, arising out of Barhara P.S. Case No. 18/1999 registered for offences punishable under Sections 147, 148, 149, 341, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act and later on, Section 302 I.P.C. was also added.

It appears that the case is of the year 1999; the petitioners were absconding, therefore, their trial was separated. They have been either arrested or surrendered recently. Learned counsel for the petitioners submits that the petitioner no. 1 is aged about 80 years and these petitioners had no knowledge of the case.

Patna High Court Cr.Misc. No.28003 of 2017 (3) dt.06-07-2017 2/2 At this stage I am not inclined to go into those issues for the simple reason that these petitioners were declared absconder; now the trial is going on against them and hence releasing them would only delay the trial. The Court is inclined to direct the trial court to conclude the trial of S.T. No. 266/2016, arising out of Barhara P.S. Case No. 18/1999, pending in the court of the 1st Additional Sessions Judge, Purnea within a period of six months from the date of receipt of a copy of this order. The State is also directed to produce all the witnesses on the dates fixed by the trial court.

The application is thus disposed of with the observations aforesaid.

(Rajeev Ranjan Prasad, J) Dilip, AR U T