← Library
Patna High CourtCR. MISC./71188/2025dismissed

Md. Shakir @ Md Sakir Alam @ Md. Sakir v. The State Of Bihar

2025-11-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71188 of 2025 Arising Out of PS. Case No.-28 Year-2023 Thana- BALIA BELON District- Katihar ====================================================== Md. Shakir @ Md Sakir Alam @ Md. Sakir S/O Late Md. Yasin R/O VillageKurum , P.S- Balia Belon, Distt- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Balia Belon P.S. Case No. 28 of 2023 for the offences registered under Sections 302, 307, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. This is the third bail petition filed on behalf of the petitioner. Earlier, this Court rejected the bail petition of the petitioner on merit, vide orders dated 05.01.2024 and 29.11.2024 passed in Cr. Misc. Nos. 81849 of 2023 and 81285 of 2024 respectively.

4. Learned counsel for the petitioner submits that petitioner is in custody since 28.08.2023 and he is co-operating in the trial. Petitioner undertakes to co-operate in the trial and on

Patna High Court CR. MISC. No.71188 of 2025(3) dt.21-11-2025 2/2 the above ground he again filed petition for regular bail. He further submits that out of 16 charge-sheeted witnesses only 11 witnesses have been examined. There is no chance to conclude the trial in near future.

5. Learned counsel appearing on behalf of the State and learned counsel for informant oppose the prayer for grant of bail to the petitioner and submit that the trial is in progress and it is likely to be concluded within nine months. It is further submitted that the petitioner has two criminal antecedents including the charge of murder also.

6. Having heard the learned counsels for the parties and considering the facts and circumstances of the case that trial is in progress, petitioner having criminal antecedents and no fresh ground is made out for bail of petitioner, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the present bail petition of the petitioner is dismissed. The trial court is directed to expedite the disposal of the trial. If the trial is not concluded within a period of nine months, petitioner is at liberty to file fresh petition for his bail.

(Sunil Dutta Mishra, J.) rakhi/- U T