A bail petition filed to renew an earlier rejected prayer was dismissed. The court found that all prosecution witnesses were examined and the trial was nearing conclusion, leading to a refusal to grant bail at that time.
Prayer for grant of bail stands rejected.
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.2447 of 2023
Arising Out of PS. Case No.-95 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Subodh Thakur @ Subodh Kumar Thakur S/O Late Radha Kishun Thakur R/V- Rup Chhapra, P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nachiketa Jha For the Opposite Party/s : Mr.Bharat Bhushan ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
6 19-07-2023
The present petition has been filed to renew the
prayer for grant of bail to the petitioner which was earlier dismissed vide order dated 03.10.2018 passed in Cr. Misc. No. 49309 of 2018.
It appears that vide order dated 27.06.2023, the show-cause was called for from the Superintendent of Police, Muzaffapur as to why the remaining witness i.e. Investigating Officer has not been examined.
In pursuance to the direction of this Court, the show-cause has been filed on behalf of Superintendent
Patna High Court CR. MISC. No.2447 of 2023(6) dt.19-07-2023 2/3
of Police, Muzaffarpur where he tendered his unqualified and unconditional apology for the inconveniences caused to this Court and submitted that Investigating Officer of the case had appeared before the Trial Court and his deposition has already been recorded.
Heard learned counsel for the petitioner, informant and learned A.P.P for the State.
It is submitted by learned counsel for the petitioner that petitioner is languishing in custody since 19.03.2018, but he admits that all the prosecution witnesses have already been examined and the trial is likely to be concluded in near future. The aforesaid submission of the learned counsel for the petitioner has not been controverted by learned counsel appearing on behalf of the informant.
In that view of the matter, this Court is not inclined to grant the privilege of bail to the petitioner for the present.
The prayer for grant of bail to the petitioner
Patna High Court CR. MISC. No.2447 of 2023(6) dt.19-07-2023 3/3
stands rejected.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner's prayer for bail should be granted given that witnesses have been examined and trial is nearly concluded.
Subodh Thakur
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
