Petitioner sought bail in a case involving rape, POCSO offences, and atrocities against SC/ST. The High Court, noting the earlier merit-based rejection and trial progress, rejected the bail prayer.
Prayer for bail rejected. Trial court directed to conclude trial within four months; petitioner may renew bail prayer if trial exceeds this period.
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.49125 of 2023
Arising Out of PS. Case No.-441 Year-2021 Thana- DHAKA District- East Champaran
======================================================
MAKBUL ANSARI Son of Gafur Ansari Resident of village - Karamwa, P.S. - Dhaka, Distt. - East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Utkarsha Utpal For the Opposite Party/s : Mr.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 01-09-2023
`Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.49125 of 2023(3) dt.01-09-2023 2/3
petitioner is in custody since 06.09.2021 and bears no criminal antecedent. He further submits that petitioner has falsely been implicated in the case due to dirty village politics and he has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.49125 of 2023(3) dt.01-09-2023 3/3
this order. If the trial is not concluded within the stipulated period of
four months, petitioner may renew the prayer for bail.
(Alok Kumar Pandey, J)
alok/-
U T
2 issues framed by the court
Whether the petitions prayer for bail should be granted in a case involving gross sexual assault against a minor where the trial is likely to conclude within four months.
Whether the earlier rejection of bail on merit serves as a sufficient consideration against granting bail in a pending criminal trial.
3 provisions across 3 enactments
Makbul Ansari
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
