Patna High CourtCR. MISC./2614/2023dismissed

Md. Amzad v. The State Of Bihar

2023-03-15Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2614 of 2023 Arising Out of PS. Case No.-144 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Md. Amzad S/O Late Sahabuddin Resident of village- Bhikhanpur (Jhoparpatti), P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tarun Prasad Mandal, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-03-2023 Heard Mr. Tarun Prasad Mandal, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Jha, learned APP appearing on behalf of the State.

2. Petitioner seeks bail in connection with Sabour P.S. Case No. 144 of 2020 registered under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.

3. Petitioner had earlier moved before this court for grant of regular bail by filing Cr. Misc. No. 38682 of 2021 which was rejected by this Court vide order dated 22.02.2022 with liberty to the petitioner to renew his prayer for bail, if no substantial progress takes place in the trial.

4. A report was called for from the court below with respect to the stage of the trial vide order dated 18.01.2023 and in compliance of the same, the Additional District and Sessions

Patna High Court CR. MISC. No.2614 of 2023(4) dt.15-03-2023 2/2 Judge-XIV, Bhagalpur vide Letter No. 9 dated 21.01.2023 has informed that only three witnesses are required to be examined and process has already been issued for their examination.

5. Considering the fact that the trial has proceeded considerably and the same is expected to be concluded soon, I am of the opinion that it would not be in the larger interest of the society to release the petitioner on anticipatory bail at this stage. However, the court below is directed to proceed with the trial expeditiously and communicate the dates to the Superintendent of Police, Bhagalpur who will ensure the presence of the prosecution witnesses without fail on the respective dates fixed by the trial court.

6. Accordingly, the bail application stands disposed of.

(Purnendu Singh, J) Mantreshwar Aditya/- U T