The Patna High Court refused bail to a criminal accused in a murder and firearms case. The trial, separated due to co-accused absence, is reported to conclude within six months. The court directed courts to expedite proceedings.
Bail application rejected. Trial directed to conclude within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5037 of 2020
Arising Out of PS. Case No.-346 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
MUSLIM ANSARI Son of Late Asgar Ansari Resident of Village - Khanaw, P.S.- Bhabua, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tribhuwan Narayan For the Opposite Party/s : Mr.Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 10-02-2021
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in S. Tr. No.353/355 of 2017 arising out of Bhabua P.S. case No.346 of 2017 registered under Sections 302, 307/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of A.D.J. IV, Kaimur at Bhabua.
The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that there is specific allegation against the petitioner and other co-accused Rustam Ansari for firing upon the deceased, which led to his death.
A report was called for from the trial court. It has been reported that due to non-appearance of three other accused, the trial of the present petitioner has been separated and the trial is
Patna High Court CR. MISC. No.5037 of 2020(3) dt.10-02-2021 2/2
likely to be concluded within a period of six months.
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 six months from the date of receipt/production of a copy of this order.
The District Magistrate, Kaimur at Bhabua and the Superintendent of Police, Kaimur at Bhabua 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, Kaimur at Bhabua and the Superintendent of Police, Kaimur at Bhabua.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving Sections 302/307 IPC and Arms Act given the stage of trial and co-accused absence.
2 provisions across 2 enactments
MUSLIM ANSARI
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
