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Patna High Court

Ajay Kumar Pandey @ Ajay Pandey @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was not granted as the trial was at its fag end.

Summary

The petitioner, Ajay Kumar Pandey, filed a bail application in a criminal miscellaneous case arising from PS case No.199 of 2018. The trial had progressed to the stage where prosecution evidence was already closed and the matter was fixed for examination of defence witnesses. The petitioner’s senior counsel and the informant’s counsel presented their arguments before Justice Chandra Shekhar Jha. The court noted that the trial was at its fag end and that granting bail at this juncture would be inappropriate. Consequently, the bail petition was rejected.

Issues considered

  • Whether bail can be granted to the petitioner at the stage where prosecution evidence is closed and defence witnesses are to be examined

Subjects

  • bail
  • criminal procedure
  • stage of trial
  • right to liberty
  • defence witnesses

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.52181 of 2025
                       Arising Out of PS. Case No.-199 Year-2018 Thana- KARJA District- Muzaffarpur
                  ======================================================
                  Ajay Kumar Pandey @ Ajay Pandey @ Ajay Kumar son of Late Sita Ram
                  Pandey village- Ram Bagh chouri, Ps- Mithanpura, Dist- Muzaffarpur
                                                                                ... ... Petitioner
                                                    Versus
                  The State of Bihar
                                                                         ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner       :        Mr.Binodanand Mishra, Sr. Advocate
                                                    Mr.Sandeep Kumar, Advocate
                                                    Ms.Sweta Kumari, Advocate
                                                    Mr.Amit Kumar Jha, Advocate
                  For the State            :        Mr.Ajit Kumar, APP
                  For the Informant        :        Mr.Ashhar Mustafa, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

8    09-02-2026                  Heard Mr. Binodanand Mishra, learned senior
                    counsel appearing on behalf of the petitioner and Mr. Ashhar
                    Mustafa, learned counsel for the informant.
                                 2. Counter affidavit on behalf of the informant
                    submitted across the board, which was taken on record.
                                 3. Considering the submission, as the prosecution
                    evidence has already been closed in this matter and this case
                    is now fixed for examination of defence witnesses, prayer of
                    bail of the petitioner stands rejected taking note of fag end of
                    the trial.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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