Azad@Md Azad v. The State Of Bihar

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 22-06-2022 An affidavit enclosing deposition of the witnesses during trial has been brought on record by Mr. Abdul Manan Khan, learned advocate for the petitioner.

Let it be kept on record.

The prayer for bail of the petitioner was earlier rejected vide order dated 05.03.2021 passed in Cr. Misc. No. 35839 of 2020.

The petitioner is said to be in custody since 07.05.2020.

The learned counsel for the petitioner has submitted that the witnesses who have been examined uptill now have given only hearsay statement about the occurrence. Some of the witnesses have only said that two of the villagers had seen the petitioner fleeing from the place of occurrence where the

Patna High Court CR. MISC. No.8060 of 2022(4) dt.22-06-2022 2/2 deceased was raped and murdered.

Be that as it may, considering the nature of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner during pendency of the trial.

Accordingly, the prayer for bail of the petitioner is rejected.

However, if there is no substantial progress in the case within the next eight months, it will be open for the petitioner to approach this Court for grant of bail.

(Ashutosh Kumar, J) rishi/- U T