Abdul Khalid @ Abdul Khalik v. The State of Bihar
Regular bail – renewed prayer after expiry of trial-completion window
Case brief
What is this about?
Patna High Court, Cr. Misc. No. 6402 of 2025 (order dated 02-05-2025, Dr. Anshuman, J): second/renewed regular-bail prayer of Abdul Khalid @ Abdul Khalik rejected in Kamtaul P.S. Case No. 213 of 2021, Darbhanga (dowry-death case under S. 304(B) IPC with 498(A)/120(B)/34). Earlier bail rejected 19.03.2024 (Cr. Misc. No. 82645 of 2023) with nine-month trial-conclusion direction; trial stalled owing to non-appearance of co-accused Md. Saddam Hussain; Court found accused-side connivance caused the delay, overriding the petitioner's 'not at fault' plea. Keywords: bail rejection, 304B, trial delay attributable to accused, non-appearing co-accused, renewed bail application.
What did the court decide?
On going through the Trial Court report, the Court formed the firm opinion that the accused persons are in connivance with the non-appearing accused Md. Saddam Hussain and are convincing him not to appear; the failure to conclude the trial within the directed nine months is therefore attributable to the accused side, notwithstanding the petitioner's plea that he is not at fault.