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Patna High CourtCR. MISC./1754/2024bail rejected

Mirsed Alias Mirsid v. The State Of Bihar

2024-02-09Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1754 of 2024 Arising Out of PS. Case No.-225 Year-2020 Thana- BAISI District- Purnia ====================================================== Mirsed alias Mirsid, son of Late Anamul, R/o Village-Chopra, P.S.- Baisi, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the State :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Rana Hason, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-02-2024

1. Heard learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Baisi P.S. Case No. 225 of 2020 dated 17.09.2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that this is second attempt of the petitioner to get the relief of regular bail after his earlier bail prayer was rejected by this Bench vide order dated 19.10.2022 passed in Cr. Misc. No. 30260/2022 with giving him a liberty to renew his bail prayer if no significant progress takes place

Patna High Court CR. MISC. No.1754 of 2024(2) dt.09-02-2024 2/3 in his trial in the next one year from the date of that rejection order and accordingly, in the light of the said liberty, he has come again before this Court for the same relief and the fresh grounds are that till date, no significant progress has been made in his trial and he has been languishing in jail since 18.09.2020.

4. Learned counsel appearing for the informant has vehemently opposed the petitioner's bail prayer and submitted that out of eleven prosecution witnesses, eight have been examined and the informant and two official witnesses remain to be examined and the informant will be produced on the next date in the trial of the petitioner.

5. Learned APP appearing for the State has also opposed the bail prayer.

6. Considering the nature of allegation appearing against the petitioner as well as the stage of his case, it will not be proper to enlarge him on bail. Accordingly, his bail prayer stands rejected with a direction to the trial court to decide the petitioner's case in the next three months and to run his trial on day to day basis.

7. The Superintendent of Police concerned shall ensure the production of official witnesses before the trial

Patna High Court CR. MISC. No.1754 of 2024(2) dt.09-02-2024 3/3 court on the fixed dates.

8. Let this order's copy be also sent to the Superintendent of Police for needful compliance. (Shailendra Singh, J) annu/- U T