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2025 DAILYLAW 5151 (PAT)

Harullah Ali @ Herullah Ali @ Heruallah Ali @ Herulla Ali v. The State of BIhar and Others

CR. APP (SJ)/3323/2025 · 2026-04-02

Sandeep Kumar

Criminal Appealbody2025

Judgment text

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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. Vikas/- (Sandeep Kumar, J) U