Patna High Court dismissed bail prayer in CBI case for alleged murder and arms offenses, denying bail at current stage and allowing renewal of prayer post-charge framing.
bail denied at present stage; liberty to renew prayer for bail after framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.65196 of 2018
Arising Out of PS. Case No.-11 Year-2016 Thana- C.B.I CASE District- Muzaffarpur
====================================================== Azaharuddin Beig @ Laddan Miya, Son of Late Md. Kuddan Miya @ Late Md. Kudrush Miya @ Late Nasaruddin Beg, Resident of- Ram Nagar, P.S.Siwan Town, District- Siwan.
... ... Petitioner/s
Versus
The Central Bureau Of Investigation Through Superintendent Of Police C. B. I. Sc I I New Delhi
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Opposite Party/s : Mr. Bipin Kumar Sinha SC, CBI ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
4 16-01-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the C.B.I.
Petitioner had earlier moved for bail which was rejected in Cr. Misc. No. 30393 of 2017 dated 18.10.2017.
Petitioner is languishing in judicial custody since 02.06.2016 in connection with C.B.I. Case RC 11(s)/2016 for offences alleged under Sections 120B, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as lodged by the informant is that her husband was given a call on his mobile and while he went away from the house in the market, some unknown criminals shot him dead by silencer fitted gun.
Patna High Court Cr.Misc. No.65196 of 2018(4) dt.16-01-2019 2/2
It has been submitted by the learned counsel for the petitioner that the date of occurrence is 13-05-2016 and the trial has not yet commenced.
Learned counsel appearing on behalf of the CBI submits that charge is being framed very shortly.
Considering the submissions of the parties and the allegations as has come to surface during investigation, I am not inclined to grant the privilege of bail to the petitioner at this stage in connection with C.B.I. Case RC 11(s)/2016 pending before the court of Learned Special Judge, CBI, Patna.
However, petitioner is at liberty to renew his prayer for bail after framing of charge.
(Nilu Agrawal, J)
devendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner pending trial or after framing of charge in a CBI non-bailable proceedings.
2 provisions across 2 enactments
Azaharuddin Beig @ Laddan Miya
The Central Bureau Of Investigation
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
