Md. Siraj @ Md. Seraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1845 of 2023 Arising Out of PS. Case No.-392 Year-2017 Thana- BIHAR District- Nalanda ====================================================== MD. SIRAJ @ MD. SERAZ Son of Md. Ismile Khan Resident of village - Chainpura, P.S.- Bihar, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindeshwar Prasad Singh, Adv For the Opposite Party/s :
Mr. Mohammad Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2023 This application for regular bail arises out of Bihar P.S. Case No. 392 of 2017 disclosing offences punishable under Sections 399/402/414 of the IPC and Section 25(1-B)A, 26, 35 of the Arms Act.
2. The petitioner has renewed his prayer for bail by filing this application which was earlier rejected twice vide order dated 28.02.2020 passed in Criminal Miscellaneous No. 10297 of 2020 and order dated 28.07.2021 passed in Criminal Miscellaneous No. 23383 of 2021.
3. Vide order dated 05.07.2023, this Court had required the Additional Public Prosecutor representing the State to inform this Court as to whether there is likelihood of the prosecution's witnesses being produced for examination in the
Patna High Court CR. MISC. No.1845 of 2023(4) dt.26-07-2023 2/2 near future or not.
4. A report has been submitted by the Public Prosecutor, Nalanda at Biharsharif, from which it transpires that four prosecutions witnesses have already been examined.
5. Considering the petitioner's criminal antecedent and the fact that the trial is in progress, I am not inclined to direct for release of the petitioner on bail.
6. The prayer for bail of the petitioner is, accordingly, rejected.
(Chakradhari Sharan Singh, J) ranjan/- U