Akhilesh Upadhyay @ Musa Upadhayay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50978 of 2017 Arising Out of PS.Case No. -24 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Akhilesh Upadhyay @ Musa Upadhayay S/o Late Gopal Upadhyay Resident of Village - Nonar, P.S. - Piro, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Sessions Trial No. 157 of 2015 arising out of Ara Town P.S. Case No. 24 of 2015 registered under Sections 302, 307, 326, 324 and 120B of the Indian penal Code and Sections 3, 4 and 5 of Explosive Substance Act.

Allegation against this petitioner is that he was under trial prisoner when he was brought in the court's Hajat, accomplice of accused persons, a woman got a bomb exploded and the petitioner and other escaped away from custody and one person was killed in bomb explosion.

Learned counsel of the petitioner submits that petitioner is in custody since 02.03.2015 and the trial has not concluded, however, present status report of the case shows that trial is at the

Patna High Court Cr.Misc. No.50978 of 2017 (7) dt.16-03-2018 2/2 fag end and likely to be concluded soon.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected with the direction to the trial court to conclude the trial expeditiously, as submitted in the report.

(Arun Kumar, J) Sujit/- U T