← Library
Patna High CourtCR. MISC./1527/2025bail rejected

Md. Sabdar @ Sabdar @ Md. Sabdar Mallick v. The State Of Bihar

2025-03-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1527 of 2025 Arising Out of PS. Case No.-24 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== Md. Sabdar @ Sabdar @ Md. Sabdar Mallick Son of Hanan Malick @ Md. Hannan Resident of Village - Markama, P.S.- Sikandra, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rampravesh Nath Tiwari, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of murder of the uncle of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case He next submits that earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 1229 of 2024 with an observation that the "the trial Court is directed to conclude the trial within a period of six months, and

Patna High Court CR. MISC. No.1527 of 2025(3) dt.19-03-2025 2/2 petitioner is also directed to cooperate in the trial" but the trial is not concluded. Petitioner is in custody since 30.08.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, impugned order dated 19.11.2024 and perusal of the stage of the trial dated 25.02.2025, it appears that two official witnesses are yet to be examined and the learned trial Court is further directed to conclude the trial within four months as submitted by his letter no.29, dated 25.02.2025 from the date of receipt of a copy of this order. The petitioner is directed to cooperate in the trial and if the trial is not concluded with cooperation of the petitioner, the petitioner may renew his prayer for bail before the trial court and the trial court shall grant him bail to the petitioner, so I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is again rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T