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Patna High CourtCR. MISC./30671/2024bail rejected

Sikandar Sada v. The State Of Bihar

2024-07-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30671 of 2024 Arising Out of PS. Case No.-191 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Sikandar Sada Son Of Late Ram Kishun Sada @ Ramakishun Sada Resident Of Village - Echaruwa, P.S. - Alauli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.139 of 2023 arising out of Alauli P.S. Case No. 191 of 2022, lodged on 10.05.2022 under Sections 307, 504 & 448 of the Indian Penal Code read with sections 25(1-b)a, 26, 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 21.02.2023 passed in Cr. Misc. No. 58478 of 2022 with a direction to the Trial Court to expedite the trial as early as possible preferably within six months. Counsel further submits that six months have already lapsed, but the trial has not been concluded till date. Counsel also submits that the criminal

Patna High Court CR. MISC. No.30671 of 2024(3) dt.19-07-2024 2/2 antecedent of the petitioner is clean and he is in custody since 10.05.2022.

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on previous occasion, a report about the present stage of the case has been called for and from the said report, it transpires that out of 8 charge sheet witnesses, seven witnesses have already been examined and only one witness has to be examined and the Trial Court is expecting that within one month, trial shall be concluded.

5. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

6. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No.139 of 2023 arising out of Alauli P.S. Case No. 191 of 2022, pending before the learned Additional Sessions Judge VII, Khagaria is hereby rejected.

7. Liberty is hereby granted to the petitioner that if within three months, trial shall not be concluded then the petitioner may renew his prayer for bail.

(Dr. Anshuman, J) Divyansh/- U T