Petitioner charged with murder and arms offence sought bail. Bail rejected due to case stage and witness corroboration. Trial directed to conclude within nine months; authorities directed to produce witnesses promptly.
Bail rejected; trial directed to conclude within nine months; witnesses production directed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15149 of 2021
Arising Out of PS. Case No.-264 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur
======================================================
MD. SHAMSHAD @ ANWA@Auwa Son of Late Yusuf Mian Resident of Village - Pankaj Market Saraiyaganj, P.S.- Muzaffarpur, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-09-2021
Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
The petitioner seeks bail in connection with Sessions Trial No.672 of 2016 arising out of Muzaffarpur Town P.S. case No.264 of 2016 registered under Sections 302/34 of I.P.C. and Section 27 of the Arms Act, pending in the court of 3rd Additional Sessions Judge, Muzaffarpur.
The earlier bail applications of the petitioner were rejected vide Annexure 1 series to the present application taking into account that the witnesses in paragraph Nos.46 to 51 of the case diary have made specific allegation that the petitioner has fired upon the deceased, which led to his death. The postmortem report also corroborated with the allegations made by the
Patna High Court CR. MISC. No.15149 of 2021(3) dt.15-09-2021 2/2
witnesses as referred above.
A report was called for from the trial court. It has been reported that out of seventeen prosecution witnesses, thirteen prosecution witnesses have 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, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur 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, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and possession of prohibited arms given the witness allegations and case stage.
Whether the trial court should be directed to conclude the trial within a stipulated period.
2 provisions across 2 enactments
Md. Shamsad @ Anwa
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
