Saddam Idarishi @ Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45472 of 2017 Arising Out of PS. Case No.-236 Year-2015 Thana- Nawangar District- Buxar ====================================================== Saddam Idarishi @ Saddam Hussain Son of Janat Indrishi resident of VillageBarui Pahari, P.S.- Karahagar, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Sriwastava For the Opposite Party/s :
Mr. D.P.Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
10-11-2017 Heard Sri Mohit Sriwastava, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.
This is the 3rd attempt for grant of bail. Earlier twice, considering the seriousness of the accusation, the prayer for bail of petitioner was rejected.
Learned counsel for the petitioner submits that despite the fact that petitioner is in custody since 29-12-2015, till date, trial has not commenced.
Earlier, by order dated 04-10-2017, a report was called for from the court below, which has been received and kept at flag 'A'. The report suggests that since one of the co-accused namely Guddu @ Guddu Miya is in custody in another case and lodged in Sasaram, the charge has not been framed and
Patna High Court Cr.Misc. No.45472 of 2017(3) dt.10-11-2017 2/2 immediately after his production, charges will be framed. Meaning thereby that due to the reason that one of the accused is in another case and in custody in another jail, it is evident that charges could not be framed.
Considering the fact that on merit, twice prayer for bail of the petitioner was rejected, there is no reason to again entertain the same, which has been filed within six months from the date of earlier rejection of the bail petition. The petition stands dismissed.
(Rakesh Kumar, J.) anay U T