Patna High CourtCR. MISC./20096/2018rejected

Ahshan Ali @ Bhola Mian v. The State Of Bihar

2018-09-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20096 of 2018 Arising Out of PS.Case No. -200 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Ahshan Ali @ Bhola Mian S/o Adalat Mian, R/o Rampur Khareya, P.S.- Kuchaikote, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2018 Heard the parties.

The petitioner seeks bail in Sessions Trial No.78 of 2017 arising out of Kuchaikote P.S.Case No.200 of 2016 registered for the offences under Sections 302, 120(B) and 201/34 of the I.P.C. Admittedly, the prayer for bail of the petitioner was refused on merit on 22.06.2017 vide Cr.Misc. No.18586 of 2017. Submission of the learned counsel appearing on behalf of the petitioner is that the name of the petitioner has come in the F.I.R., on mere suspicion and the petitioner is in custody since 01.10.2016.

The report called for earlier has been received from the court of the Additional District and Sessions Judge-VIII,

Patna High Court Cr.Misc. No.20096 of 2018 (4) dt.05-09-2018 2/2 Gopalganj, through Letter No.530 dated 02.07.2018 wherein it has been disclosed that after conclusion of the evidence and record is pending for prosecution argument and it is expected that the trial could be concluded within a period of three months. As such, having considered the facts and circumstances of the case, I am not inclined to consider the prayer for bail of the petitioner again at present.

However, the learned Additional District and Sessions Judge-8th, Gopalganj, is directed to conclude the trial of the petitioner within three months from today and in case the trial is not concluded, the petitioner will be at liberty to renew his prayer for bail.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U