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Patna High Court

Md barik @ Abdul BarikversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        3/3




                      of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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