In a bail application, the Patna High Court found that the trial involving 25 witnesses was likely to conclude within six months. The Court held that no case for species of indulgence was made out and dismissed the prayer.
The bail prayer was dismissed. The petitioner may renew the prayer if the trial is not concluded within 9 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19698 of 2013
====================================================== 1. Kamal Rai @ Kalam Rai S/O Basgit Rai R/O Village- Chakaima, P.S.Hajipur, District- Vaishali (Bihar)
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 10-07-2013 Heard Mr. Pramod Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Hajipur (Sadar) P.S. Case No. 189 of 2011 (Sessions Trial No. 255 of 2012) for the offences punishable under Sections 147, 148,149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against this petitioner is of having fired at the son of the informant along with some other co-accused and as a consequence whereof the son of the informant succumbed to fire arm injuries.
It is considering the nature of allegation that the prayer of the petitioner was earlier rejected by order dated 06.02.2012 passed in Cr. Misc. No. 41238 of 2011 and has been renewed by way of the present application.
Under the orders of this Court a report was called for from the trial Court as regarding the status of the trail and it has been reported by the Trial Judge that out of the 25 prosecution witnesses 16 prosecution witnesses have been examined and 9 prosecution witnesses are remaining including informant, Doctor and Investigating Officer to be examined.
Patna High Court Cr.Misc. No.19698 of 2013 (3) dt.10-07-2013
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It is stated that the trial is likely to be concluded within six months.
In view of the circumstances set forth, no case for indulgence is
made out.
This application is dismissed.
The petitioner may renew his prayer, in case the trial is not
concluded within 9 months.
(Jyoti Saran, J)
Bibhash/-
2 issues framed by the court
Whether the petitioner has made out a case for bail given the stage of trial.
Whether the trial timeline warrants early conclusion of proceedings.
Kamal Rai @ Kalam Rai
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
