The High Court at Patna dismissed an application for regular bail. The court declined to grant bail on merits, citing the rejection of a similarly situated co-accused's bail by a co-ordinate bench, and ordered the petitioner to renew the prayer after nine months.
Bail prayer dismissed. Petitioner permitted to renew prayer after nine months.
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.30494 of 2021
Arising Out of PS. Case No.-116 Year-2019 Thana- KHAIRA District- Jamui
======================================================
ATTAUL ANSARI SON OF ADUL RAJAK Resident of Village - Chaukitand, P.O.- Chandraseli, P.S.- Khaira, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr. Ganesh Prasad Singh For the informant : Mr. Kartik Kumar Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 22-03-2022
Heard learned Counsel for the petitioner, learned
Counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sessions Trial No. 301 of 2019, arising out of Khaira Police Station Case No. 116 of 2019, registered for the offences punishable under Sections 147/148/149/302 of the Indian Penal Code and Section 27 of the Arms Act.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by co-ordinate Bench of this Court, vide
Patna High Court CR. MISC. No.30494 of 2021(4) dt.22-03-2022 2/3
order, dated 10.01.2020, passed in Criminal Misc. No. 79458 of 2019.
The allegation, as per the First Information Report, is that the petitioner, along with other co-accused persons has fired upon the son of the informant, due to which he died on the spot.
The prayer for bail of the petitioner was earlier rejected on the ground that prayer for bail of similarly situated co-accused Haidar Mian has been rejected by co-ordinate Bench of this Court, vide order passed i9n Criminal Misc. No. 51515 of 2019.
The prayer for bail of this petitioner was rejected earlier on merits and learned Counsel for the informant submits that co-accused Haider Mian has not been granted bail up-till now.
In view of the fact that bail application of the petitioner was rejected on merit as well as on the ground that the bail application of co-accused Haider Mian has been rejected by co-ordinate Bench, I am not inclined to grant bail to the petitioner at this stage.
This application is, accordingly, dismissed.
However, the petitioner may renew his prayer for bail after nine months from today, if the trial does not show any
Patna High Court CR. MISC. No.30494 of 2021(4) dt.22-03-2022 3/3
progress.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether regular bail should be granted to the petitioner who is alleged to have participated in an offence punishable under Sections 147/148/149/302 IPC and Section 27 Arms Act.
Attaul Ansari
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
