Md. Mohsin v. The State Of Bihar
Case brief
What is this about?
Petitioner, in judicial custody facing NDPS and IPC charges, sought second bail. Bench reviewed case progress and stage of trial but rejected the application, directing petitioner to approach the court again if trial remains incomplete after two months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45053 of 2018
Arising Out of PS.Case No. -423 Year- 2016 Thana -BARACHATTI District- GAYA
====================================================== Md. Mohsin S/o Md. Hassan, R/o Khetrajpur, P.S.- Khetrajpur, DistrictSambalpur (Orissa).
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
4 19-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is the second round of litigation. Earlier, prayer for bail of the petitioner was rejected in Cr. Misc. No. 41764 of 2017 vide order dated 18.10.2017.
Petitioner is languishing in judicial custody since 24.10.2016 in connection with Barachatti P.S. Case No. 423 of 2016 for offences punishable under Sections 420, 467, 468, 471, 120(B), 414 of the Indian Penal Code and Section 8/20(B)/11(S)/22/25/29 of the NDPS Act.
The prosecution case, as lodged by the police
Patna High Court Cr.Misc. No.45053 of 2018 (4) dt.19-09-2018
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner already in judicial custody in connection with NDPS offences.
Whether the stage of the trial necessitates the release of the accused.
Parties & counsel
- petitioner
Md. Mohsin
- respondent
The State of Bihar
Coram
Nilu Agrawal
Case details
As recorded by the court registry
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