Hon'ble Justice Ashutosh Kumar disposed of a bail petition. Despite no specific accusation against the petitioner and a delayed trial, bail was not granted. The trial court was directed to conclude the trial within six months.
Bail rejected; trial court directed to conclude trial within six 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.5195 of 2022
Arising Out of PS. Case No.-116 Year-2019 Thana- KHAIRA District- Jamui
======================================================
MD. ABRAR ALAM @ MD. IBRAR @ IBRAR MIAN @ IBRAR Son of Md. Aziz Mian R/o Village- Chauki Tnand, P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Singh, Adv. For the Opposite Party/s : Mr.Yogendra Kumar, APP For the Informant : Mr. Kartik Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 23-03-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in connection with
Sessions Trial No. 301/2019 arising out of Khaira P.S. Case No. 116/2019 instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 29.01.2019 passed in Cr. Misc. No. 85349 of 2019.
The petitioner along with three others is said
to have fired at the son of the informant, who died.
The learned counsel for the petitioner has
Patna High Court CR. MISC. No.5195 of 2022(3) dt.23-03-2022 2/3
submitted that there is no specific accusation against anyone of the accused persons much less the petitioner and according to the prosecution version, the deceased was shot at when he was coming back from a feast but the postmortem report reveals that the deceased had empty stomach at the time of his murder.
Be that as it may, the prayer for bail of the petitioner was rejected with an observation that the trial be concluded within a period of one year from the date of receipt / production of a copy of the order referred to above.
The trial could not be concluded within the aforesaid period. Hence, the present petition for grant of bail during the pendency of the trial.
This Court had called for a report about the stage of the case from the court below which has since been received. The report discloses that three witnesses on behalf of the prosecution have been examined out of nine cited in the chargesheet.
It appears that the case is being tried at correct
pace.
Patna High Court CR. MISC. No.5195 of 2022(3) dt.23-03-2022 3/3
Though the petitioner has remained in custody since 26.04.2019 but considering the nature of accusation and the stage of the case at present, I am not inclined to grant bail to him during the pendency of the trial.
However, the Trial Court is directed to conclude
the trial positively within a period of six months from the date of receipt / production of a copy of this order, failing which the petitioner shall have the liberty to approach the Trial Court for grant of bail and in that event the Trial Court would be under an obligation to state in detail the reasons for the tardy progress of trial.
The petition stands disposed of accordingly
(Ashutosh Kumar, J)
sunilkumar/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner pending trial considering the nature of charges and stage of the case?
Whether the trial court can be directed to expedite the trial within a specified time frame to facilitate future bail applications?
1 provisions across 1 enactments
Md. Abrar Alam @ Md. Ibrar @ Ibrar Mian @ Ibrar
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
