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Patna High Court

Harullah Ali @ Herullah Ali @ Heruallah Ali @ Herulla AliversusThe State of BIhar and Others

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and the trial judge is directed to frame charges and proceed with the trial, with bail to be considered only if the prosecution causes delay.

Summary

The appellant, Harullah Ali, was arrested on 4 January 2025 in connection with a murder case originally filed against four accused. During investigation, his name was added to the charge sheet. The trial judge had taken cognizance but had not yet framed charges or commenced trial. The appellant sought bail, arguing that the trial had not started, while the prosecution indicated that witnesses would be examined on scheduled dates. The Patna High Court, after reviewing the record, declined to grant bail and dismissed the appeal, directing the trial judge to frame charges and proceed with the trial, noting that the appellant could renew a bail application if the prosecution caused further delay.

Issues considered

  • Whether bail should be granted to the appellant when cognizance has been taken but trial has not yet commenced
  • Whether the trial judge should be directed to frame charges and proceed with the trial

Legislation cited

  • BNS — s. 103(1), 238(a), 3(5), 61

Subjects

  • bail
  • cognizance
  • charge framing
  • SC/ST Act
  • criminal procedure
  • trial delay

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3323 of 2025
                     Arising Out of PS. Case No.-3 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Harullah Ali @ Herullah Ali @ Heruallah Ali @ Herulla Ali S/O Hajrat
                 Miyan R/O Village- Paharpur, P.S.- Gopalpur, District- Gopalganj

                                                                                  ... ... Appellant/s
                                                  Versus
           1.    The State of BIhar and Others Advocate General BIhar Patna
           2.    Ajay Kumar Gond S/O Rajindra Gond @ Rajendra Gond R/O Village-
                 Pachmawa, P.S.- Gopalpur, District- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Lokesh Kumar Singh
                 For the Respondent/s   :        Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   02-04-2026                   Heard the parties including the learned counsel for

                   the informant.

                               2. This appeal is preferred against the order dated

                   16.06.2025 passed by the learned District and Additional

                   Sessions Judge-XI-cum-Exclusive Special Judge under SC/ST

                   Act, Gopalganj in connection with Gopalpur P.S. Case No. 03 of

                   2025 registered for the offence under Sections 103(1), 238(a),

                   61 and 3(5) of the BNS and under Section 3(2)(v) of the SC/ST

                   POA Act.

                               3. As per the prosecution case, the prosecution was

                   launched against four named persons for killing the deceased.

                   Subsequently, during investigation, the name of the appellant
          Patna High Court CR. APP (SJ) No.3323 of 2025(7) dt.02-04-2026
                                                       2/2




                    has come in the crime.

                                 4. The appellant is in custody since 04.01.2025.

                                 5. From the report of the trial judge, it appears that

                    cognizance has been taken and trial has not started.

                                 6. Considering the materials available on record, this

                    Court is not inclined to grant to bail to the appellant for the

                    present.

                                 7. Accordingly, this appeal stands dismissed with a

                    direction to the trial Judge to frame the charges and proceed

                    with the trial as the learned counsel for the informant Mr.

                    Dharamveer has submitted that the prosecution will examine the

                    witnesses on the dates fixed in the trial.

                                 8. It is made clear that if the trial of the appellant is

                    delayed by the prosecution then the petitioner may renew his

                    prayer for bail.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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