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Patna High Court

Amir Khan @ Md. AmirversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

No fresh ground for reconsideration of bail, therefore bail is denied.

Summary

Amir Khan, arrested on 13 May 2025, applied for bail for the second time after his earlier bail plea was rejected on 11 September 2025. He argued that the trial had not progressed since the charge was framed on 1 November 2025, that he had no intention to cause death, and that the death of the informant's father occurred in a free fight between two groups, while he has a clean antecedent. The State opposed, contending there were no new grounds to revisit the earlier bail denial. The Court examined the record and found no fresh ground for reconsideration, consequently rejecting the bail application. The trial court was directed to expedite the trial, and the Superintendent of Police was ordered to ensure witness production and to appear before the Court if he fails to do so.

Issues considered

  • Whether there are fresh grounds to reconsider the bail application after its earlier rejection

Subjects

  • bail
  • criminal procedure
  • trial delay
  • fresh ground
  • urgent trial
  • police compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87510 of 2025
                     Arising Out of PS. Case No.-136 Year-2024 Thana- CHANDRADIP District- Jamui
                 ======================================================
                 Amir Khan @ Md. Amir S/O Sajjad Khan R/O Village- Dinnagar, P.S -
                 Chandradeep, District - Jamui.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Pramod Kumar, Advocate
                 For the State           :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   16-01-2026                   This is the second attempt of the petitioner to seeks

                   bail from this Court. The prayer for bail of the petitioner was

                   earlier rejected vide order dated 11.09.2025 passed in Cr. Misc.

                   No. 46273 of 2025.

                                 2. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 13.05.2025 and there has been no

                   progress in trial after framing of charge on 01.11.2025. Learned

                   counsel further submits that there was no intention to cause

                   death and in a free fight between two groups, the father of the

                   informant died. The petitioner is having clean antecedent.

                                 3. Learned APP opposes the submission made on

                   behalf of the petitioner. Learned APP submits that there is no

                   new ground for consideration of prayer for bail as the prayer for

                   bail of the petitioner was rejected recently on 11.09.2025.
            Patna High Court CR. MISC. No.87510 of 2025(3) dt.16-01-2026
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                                   4. Having regard to the submission of the parties and

                      perusal of record, I do not find any fresh ground for

                      reconsideration of prayer for bail of the petitioner and hence, his

                      prayer for bail is rejected.

                                   5. The learned trial court is directed to take up the

                      matter on urgent basis and conclude the trial at the earliest.

                                   6. The Superintendent of Police, Jamui is directed to

                      ensure the production of the witnesses on each and every date

                      fixed by the court concerned. In case of failure, the

                      Superintendent of Police would be required to appear before this

                      Court and explain his conduct.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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