A single judge criminal miscellaneous petition seeking bail was dismissed. The Bench, considering the nature of accusation and witnesses examined, refused bail and directed the trial court to conclude proceedings within nine months.
Bail application dismissed; trial to conclude within nine months; witnesses to be produced.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14637 of 2021
Arising Out of PS. Case No.-312 Year-2018 Thana- BARARI District- Katihar
======================================================
ALAM @ MD. ALAM S/o Late Abdul Rashid Resident of- Dumariya, P.S.Barari, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr.Nityanand Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 08-09-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner seeks bail in connection with Barari (Semapur) P.S. case No.312 of 2018 arising out of S.T. No.221 of 2019 registered under Sections 147, 148, 149, 302, 307 of the Indian Penal Code, pending in the court of A.D.J. VI, Katihar.
The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner is one of the assailants and the allegation corroborates with the postmortem report.
A report was called for from the trial court. It has been
Patna High Court CR. MISC. No.14637 of 2021(3) dt.08-09-2021 2/2
reported that one prosecution witness has already been examined.
Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
The District Magistrate, Katihar and the Superintendent of Police, Katihar are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Katihar and the Superintendent of Police, Katihar.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case at the current stage of proceedings?
1 provisions across 1 enactments
Alam
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
