Patna High CourtCR. MISC./14280/2016rejected

Md. Subhan Miyan @ Subhan v. The State Of Bihar

2016-09-14Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14280 of 2016 Arising Out of PS.Case No. -14 Year- 2013 Thana -FORBESGANJ District- ARRARIA ====================================================== MD. SUBHAN MIYAN @ SUBHAN, son of Md. Khatru, resident of village - Tappu Tola, P.S. Jogbani, Distt. - Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-09-2016 Heard Sri Ramesh Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner. Earlier, the prayer for bail of the petitioner was rejected vide order dated 03.03.2015 passed in Cr.Misc.No.49294 of 2014.

In this case, by order dated 06.04.2016 a report was called for from the court below regarding stage of the case, which has been received and kept at Flag-A. The report dated 27th April, 2016 suggests that earlier due to non-appearance of one of the accused, the case was fixed for appearance. However, now the case has been separated, charge has already been framed and

Patna High Court Cr.Misc. No.14280 of 2016 (3) dt.14-09-2016 2/2 witnesses have been summoned.

Keeping in view the fact that charge has already been framed and witnesses have been summoned, there is no reason to review my earlier order. The prayer for grant of bail of the petitioner again stands rejected.

However, keeping in view the fact that the petitioner is in custody since 05.06.2014, while dismissing the present petition, it is desirable to observe that the learned court below may take all steps to conclude the case expeditiously. The concerned Superintendent of Police is directed to ensure production of witnesses as and when required by the learned trial Judge.

Let a copy of this order be sent to the concerned Superintendent of Police.

(Rakesh Kumar, J) NKS/- U T