Azad@Md Azad v. The State of Bihar
Case brief
What is this about?
Single-judge order rejecting a bail plea in PS Case 86, 2020. The court held that despite petitioners substantive arguments regarding hearsay statements by witnesses, bail must be denied during trial due to the grave nature of rape and murder. Bail may be clubhouseapplied if foundational witnesses examined and no substantial progress made within eight months.
What did the court decide?
The prayer for bail was rejected; the matter is remanded to record an application detailing the lack of substantial progress within eight months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8060 of 2022
Arising Out of PS. Case No.-86 Year-2020 Thana- POTHIYA District- Kishanganj
======================================================
Azad @ Md. Azad Son of Mukhtar Alam Resident of Village- Makhan Pokhar, P.S- Kishanganj, Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Abdul Manan Khan, Adv. For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 22-06-2022
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the petitioner during the pendency of the trial given the nature of the accusation and the current witness examination status.
Parties & counsel
- petitioner
Azad @ Md. Azad
- respondent
The State of Bihar
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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