ITEM NO.11 COURT NO.6 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 50630/2023
(Arising out of impugned judgment and order dated 09-03-2022 in Criminal Miscellaneous No. 5175/2022 passed by the High Court of Judicature at Patna)
ARVIND KUMAR Petitioner(s)
VERSUS
THE STATE OF BIHAR Respondent(s)
(IA No.262375/2023-CONDONATION OF DELAY IN FILING and IA No.262381/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.262377/2023-EXEMPTION FROM FILING O.T. and IA No.262374/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

Date : 02-01-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Javedur Rahman, AOR
Mr. Mudassir, Adv.

For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Heard Mr. Javedur Rahman, learned counsel appearing for the petitioner. The counsel submits that the petitioner is in custody for over three years and the trial is yet to conclude.
However, it is seen that all the prosecution witnesses have been examined but application for recall of witness(es) is filed by the accused himself. This is why the trial is getting delayed. We have also seen the dying declaration of the victim, who died of gun shot injuries, attributed to the petitioner.

In the above circumstances, it is not considered to be a fit case for grant of bail. The Special Leave Petition is accordingly dismissed.
Before parting, it is made clear that the observations made herein are only for the purpose of refusing bail and should have no bearing on the merit of the ongoing trial.
Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
AR-cum-PS ASSISTANT REGISTRAR