Patna High CourtCR. MISC./2506/2024rejected

Azad Ali v. The State Of Bihar

2024-03-01Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2506 of 2024 Arising Out of PS. Case No.-257 Year-2022 Thana- BANIAPUR District- Saran ====================================================== Azad Ali Son Of Sarfuddin Miya Resident Of Village Kanhauli P.S. Baniyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-03-2024 Heard Mr. Anjani Parashar, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 26.05.2022 in connection with Baniapur P.S. Case No. 257 of 2022, F.I.R. dated 25.05.2022 for the offences punishable under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 13.04.2023 passed in Cr. Misc. No. 65853 of 2022. Thereafter, the petitioner has again moved before this Hon'ble Court in Cr. Misc. No. 57314 of 2023 which was dismissed as withdrawn with the liberty to the petitioner to move before the learned Trial Court vide order dated 08.09.2023.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.2506 of 2024(3) dt.01-03-2024 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case.

5. Vide order dated 19.01.2024 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 25.01.2024 reveals that out of 7 chargesheet witnesses, 1 witness has already been examined and the matter is pending for the examination of rest of the prosecution witnesses.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances as well as report of the learned Trial Court and the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Baniapur P.S. Case No. 257 of 2022 pending in the court of learned Additional Sessions Judge- 9th, Saran at Chapra.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T