← Library
Patna High CourtCR. MISC./66288/2021rejected

Md. Izrail @ Md. Izarayal @ Ajjo v. The State Of Bihar

2023-06-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66288 of 2021 Arising Out of PS. Case No.-1 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== Md. Izrail @ Md. Izarayal @ Ajjo Son Of Late Birkha Mian @ Birkha Miya @ Virkha Miya Resident Of Village - Majhari, P.S.- Nirmali, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 The present petition has been filed to renew the prayer for grant of bail to the petitioner which was earlier rejected vide order dated 03.06.2020 passed in Cr. Misc. No. 71473 of 2019.

It appears that vide order dated 25.04.2023, the case diary as well as stage of the trial were called for from the learned Court below. The report of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani suggests that P.W.s 1 and 2 have been examined and with regard to examination of other witnesses, summons have been issued.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.66288 of 2021(8) dt.21-06-2023 2/3 petitioner that petitioner is neither named in the F.I.R nor arrested on the spot and till today, no T.I.P has been held. The petitioner has been made accused in this case only on the basis of the confessional statement of coaccused Ramsebak Yadav which is not admissible in the eye of law. The petitioner is languishing in custody since 24.01.2019.

It is submitted by learned A.P.P for the State that petitioner is a veteran criminal and is involved in many cases. As per the confessional statement, the petitioner is leader of the gang.

Considering the fact that no new ground has been raised by the learned counsel for the petitioner to take a different view in the matter, this Court is not inclined to renew the prayer for bail of the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months.

Patna High Court CR. MISC. No.66288 of 2021(8) dt.21-06-2023 3/3 The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T