Patna High Court
Md barik @ Abdul BarikversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Md. Barik, sought regular bail in a case registered under Sections 307, 379 and 302 of the Indian Penal Code for alleged participation in a mob assault that resulted in the death of an informant. The prosecution alleged that the petitioner was one of fourteen persons who attacked the informant with knives, iron rods and lathis, causing fatal injuries. The petitioner’s counsel argued innocence and highlighted the length of pre‑trial detention since May 2024, while the informant’s counsel opposed bail, noting that statements under Section 313 of the CrPC had been recorded and the trial was nearing its conclusion. The court, considering the seriousness of the offences and the advanced stage of the trial, rejected the bail application but directed the trial court to expedite the trial and conclude it within one year. The order reflects the court’s emphasis on the gravity of the charges and the need for swift justice.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, attempt to murder and robbery.
- Whether the advanced stage of the trial justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 302, 307, 379
Subjects
- bail
- Indian Penal Code
- Section 302
- Section 307
- Section 379
- Criminal Procedure Code
- Section 313
- murder
- attempt to murder
- robbery
- high court
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8992 of 2026
Arising Out of PS. Case No.-595 Year-2022 Thana- BAHERA District- Darbhanga
======================================================
Md barik @ Abdul Barik Son Md. Shamsul Haque @ Md. Shamshad Haque
Resident of Village - Badarbanna, P.S. - Bahera, Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
For informant : Mr. Pankaj Kumar Jha, Advocate
Mr. Vijay Kishore Bharti , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 307, 379, 302 and other ancillary
sections of IPC .
3 . As per prosecution case, on 10.11.2022 around 8
O’clock in the night informant was returning to his village on
his pick up van . When he reached near Sri Ram Pur Hat Gachi,
he was surrounded by 14 persons including this petitioner. All of
them pulled informant out of van and tied his feet and hands
with rope . Co-accused Kamarul Hasan, this petitioner and
others assaulted informant with knife causing him injuries on
the hands and legs. Thereafter, co-accused sarfaraj , Md. Kapil
Patna High Court CR. MISC. No.8992 of 2026(2) dt.16-02-2026
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@ Goorsa, Md. Tajuddin , Perwez, Md. Salvi, Jahira Bano,
Jarina Khatun , Md. Sohrab and co-accused Ekram Afzal
assaulted him with iron rod and lathi. Informant received
multiple injuries on his head, shoulder and other parts of his
body and became unconscious. Injured died of injuries during
treatment.
4. Learned counsel for petitioner submitted that from
petitioner is innocent and has committed no offence as alleged.
It appears highly improbable that petitioner may have joined
unlawful mob of 14 persons and assaulted the
informant/deceased. Petitioner is in custody since 17.05.2024 .
5 . Learned counsel Mr. Pankaj Kumar Jha appearing
for informant opposed the bail and submitted that statement of
accused persons has been recorded under section 313 of Cr. PC
and the evidence of the prosecution and defence has been closed
and the trial is on the verge of conclusion .
6. Considering the fact that trial is at its fag end,
materials available on record and other circumstances of the
case, the prayer of petitioner for regular bail is rejected.
However, since petitioner is in custody since 17.05.2024 ,
learned Trial Court is directed to expedite and conclude the trial,
within the period of one year from the date of receipt/production
Patna High Court CR. MISC. No.8992 of 2026(2) dt.16-02-2026
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of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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