Patna High Court
Md. Abbas vs The State Of Bihar on 25 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21138 of 2021
Arising Out of PS. Case No.-161 Year-2019 Thana- SALAKHUA District- Saharsa
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Md. Abbas, Male, aged about 68 years, Son of Md. Najif, Resident of Village-
Gorgama, PS- Salkhua, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Sheo Kumar Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-08-2021
The matter has been heard via video conferencing.
2. Heard Mr. Sanjay Kumar Jha, learned counsel for
the petitioner; Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State and Mr. Sheo Kumar Prasad, learned counsel for the
informant.
3. The petitioner is in custody in connection with
Salkhua PS Case No. 161 of 2019 dated 04.07.2019, instituted
under Sections 341, 447, 448, 323, 324, 307, 354B and 504/34 of
the Indian Penal Code.
Patna High Court CR. MISC. No.21138 of 2021 dt.25-08-2021
4. This is the second attempt for bail by the petitioner
as earlier such prayer was rejected by judgment and order dated
17.03.2020 passed in Cr. Misc. No. 84776 of 2019.
5. Learned counsel for the petitioner submitted that the
petitioner is in custody since 18.10.2019 and the Court may
consider the prayer.
6. Earlier by order dated 04.08.2021, a report was called
from the trial Court with regard to the status and position of the
case and likely time by which the same can be concluded.
7. In terms thereof, a report has been submitted by the
Additional Sessions Judge, V, Saharsa dated 10th August, 2021, in
which it has been stated that out of seven prosecution witnesses,
three have been examined and the informant and the injured
victim as also the Doctor and the Investigating Officer have not
been examined and bailable warrant has been issued for their
appearance. It has further been stated that altogether 11 persons
are facing trail and it would likely to take at least six months.
8. Learned APP submitted that the Court had considered
the merits while rejecting the prayer earlier by judgment and order
dated 17.03.2020 passed in Cr. Misc. No. 84776 of 2019, in which
it has been noted that the witnesses had consistently stated that it
Patna High Court CR. MISC. No.21138 of 2021 dt.25-08-2021
was the petitioner who had inflicted knife blow on the abdomen
causing grievous injury.
9. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
does not find any mitigating circumstances to consider the prayer
for grant of bail, more so, in view of what has been recorded in the
earlier order of rejection dated 17.03.2020.
10. Accordingly, the petition stands dismissed.
11. However, taking note of the report of the Court
below, it is directed that the trial be expedited and concluded at
the earliest and latest within nine months from today.
12. Registry shall communicate the order to the Court
below latest by tomorrow.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
