Ehsan Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74529 of 2022 Arising Out of PS. Case No.-7 Year-2020 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== EHSAN MIYAN S/o Late Madina Miyan R/v- Sakari, P.S.- Adhoura, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is the second attempt of the petitioner to seek regular bail when, earlier, by order dated 14.02.2022 in Cr. Misc. No. 47605 of 2021 the regular bail application was dismissed as withdrawn with the liberty to the petitioner to renew his prayer for bail in the event if the trial is not concluded within four months.

When Cr. Misc. No. 47605 of 2021 was taken up, the learned counsel for the petitioner had submitted that out of six prosecution witnesses, four witnesses were examined and the I.O. and the Doctor only remained to be examined, as such, the Court had directed that, within four months, if the trial is not concluded, the petitioner will be at liberty to renew his prayer

Patna High Court CR. MISC. No.74529 of 2022(2) dt.04-01-2023 2/2 for bail.

Today, when the matter is taken up, the learned counsel for the petitioner submits that all the six witnesses have been examined but two Doctors still remained to be examined. This was not the case of the petitioner when the matter was taken up on 14.02.2022.

Be that as it may, since the trial is on verge of conclusion, as such, the court is not inclined to release the petitioner on bail.

The application is, thus, rejected.

In the event, if the trial is not concluded within a period of two months, from the date of receipt of production of copy of this order, the petitioner will be at liberty to renew his prayer for bail before the learned Trial Court itself and, in the event, if the learned Trial Court comes to a conclusion that for no fault of the petitioner, the trial could not be completed, he shall be released on bail.

(Satyavrat Verma, J) HarshPandey/- U T