Anwar Mian @ Anwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32871 of 2021 Arising Out of PS. Case No.-387 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

ANWAR MIAN @ ANWAR ALAM S/o Late Sattar Mian R/o villageSenwariya, P.S.- Turkauliya, District- East Champaran 2.

Tabrej Alam S/o Late Sattar Mian R/o village- Senwariya, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2021 Heard Mr. Nafisuzzoha, learned counsel for the petitioners and Mr. Prem Kumar Jha, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners renew their prayer for grant of regular bail in connection with Turkauliya P.S. Case No. 387 of 2019 registered for the offences punishable under Sections 341, 323, 325 and 302/34 of the Indian Penal Code inasmuch as earlier the bail application of the petitioners was rejected by this Court vide order dated 28.5.2020 passed in Cr. Misc. 1020 of 2020 granting liberty to them to renew their prayer for bail after one year if the trial does not show any progress.

The allegation against the petitioners is that both the

Patna High Court CR. MISC. No.32871 of 2021(3) dt.15-09-2021 2/2 petitioners assaulted the husband of the informant by means of lathi and rod causing his death. From the postmortem report it appears that death of the deceased was due to haemorrhage and head injury caused by hard and blunt substance. Having regard to the facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner at this stage.

However, from the report regarding stage of trial submitted by learned 5th Additional District & Sessions Judge, East Champaran, Motihari, it appears that the charges against the petitioners have been framed and the learned court below has mentioned therein the estimated time for conclusion of the trial within four months.

Accordingly, the prayer for grant of regular bail of the petitioners stands rejected with liberty to the petitioners to renew their prayer for grant of regular bail after four months if the trial does not register any progress.

(Anil Kumar Sinha, J) S.Ali/- U T