IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67686 of 2022

Arising Out of PS. Case No.-207 Year-2021 Thana- UCHKAGAON District- Gopalganj

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Ashad Nomani @ Tiger, Son of Shibali Nomani, R/o Village- Jagmalwa, P.S.-

Thawe, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Manan Kumar Mishra, Sr. Advocate

Mr. Vishwajeet Kumar Mishra, Advocate

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

2

08-12-2022

Heard Mr. Manan Kumar Mishra, learned senior

counsel, duly assisted by Mr. Vishwajeet Kumar Mishra, learned

counsel for the petitioner and Mr. Satyendra Narayan Singh,

learned APP for the State.

2. The petitioner seeks regular bail, who is in custody

in connection with S.T. No. 351 of 2021, arising out of

Gopalganj (Uchkagaon) P.S. Case No. 207 of 2021, registered

for the offences punishable under Sections 302, 120(B)/34 of

the Indian Penal Code and Section 27 of the Arms Act.

3. At the outset, Mr. Mishra, learned senior counsel

appearing on behalf of the petitioner submits that earlier the

petitioner had moved before this Court for grant of bail in Cr.

Misc. No. 54009 of 2021 and the same was rejected vide order

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dated 01.09.2022 with a direction to the learned court below to

conclude the trial within a period of two months from the date

of receipt of the order.

4. It is submitted that despite the aforesaid order dated

01.09.2022, till date the trial has not been concluded and, in

fact, instead of complying the direction, the court below vide

order dated 09.11.2022 allowed the petitions filed by the

prosecution to examine as many as seven witnesses, including

three witnesses, namely, Shabaaj Alam, Md. Taifik and Vikram

Singh, who are the witnesses to the inquest report and also other

two witnesses, who are the witnesses of the seizure list, apart

from Supervisor to the post-mortem report, namely, Dr. Ranjit

Kumar. The learned trial court also allowed the prayer for re-

examination of the investigating officer of the present case,

which in his submission is nothing, but to prolong the

incarceration faced by the petitioner and also to delay the trial

due to ill motive of the prosecution.

5. It is further submitted that admittedly the petitioner

is not named in the F.I.R. and his name transpired after a delay

of five days when the statement of witnesses Anisul Haque and

Muztaba Ashraf were recorded by the police, who are claiming

themselves to be the eye witnesses of the occurrence, but

Patna High Court CR. MISC. No.67686 of 2022(2) dt.08-12-2022

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surprisingly from the materials available on record and the

deposition made by the aforesaid witnesses, it is evident that

they were all along present in the Sadar Hospital, Gopalganj,

where the deceased was taken for treatment and the informant

was also present there, but none of them or even the informant

has raised suspicion or taken the name of the petitioner, as he is

the one, who shot the deceased or even raises suspicion of the

involvement of the petitioner in the present case. He further

submits that the petitioner, who is a law abiding citizen, is ready

to give undertaking that he will remain physically present on

each and every date till conclusion of the trial, as he is in

custody since 05.07.2021.

6. The order dated 09.11.2022 has been brought on

record by way of Annexure-5 to the present application and

from perusal thereof, it appears that two applications have been

filed on behalf of the prosecution for summoning the witnesses

to the inquest report and seizure li