Safi Alam @ Majnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86357 of 2023 Arising Out of PS. Case No.-538 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Safi Alam @ Majnu Son of Jahur Mian, Resident of Village- Semra, Sugauli, Ward No. 10, Police Station- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2024 Heard Mr. Anant Kumar Mishra, the learned counsel for the petitioner and Mr. Abhay Kumar Roy, the learned Additional Public Prosecutor for the State.

2.

The petitioner seeks bail in connection with Shikarpur PS Case No. 538 of 2022, FIR dated 04.07.2022, registered for the offence punishable under Section 304(B) read with Section 34 of the Indian Penal Code.

3.

Earlier the petitioner has moved before this Hon'ble Court vide Cr. Misc. No. 70053 of 2022, which was rejected vide order dated 10.05.2023.

4.

Vide order dated 05.01.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 19.01.2024 reveals that out of seven chargesheeted witnesses, five witnesses have already been

Patna High Court CR. MISC. No.86357 of 2023(3) dt.16-02-2024 2/2 examined and the case is pending for the examination of the rest two prosecution witnesses.

5.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

6.

Considering the facts and circumstances of the case and the report of the learned trial Court as well as the nature of allegation in the FIR, I am not inclined to enlarge the petitioner on bail in connection with Shikarpur PS Case No. 538 of 2022, pending in the Court of learned Additional District Judge-X, Bettiah, West Champaran.

7.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T