Petitioner sought bail in a Sessions trial. The Patna High Court rejected the bail application, noting the petitioner remains an accused and witnesses do not fully support the prosecution case.
Bail prayer rejected; trial directed to conclude within fixed time.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21131 of 2013 ====================================================== 1. Pintu Singh S/O Parmanand Singh R/O Village- Laualagam, Police Station- Chausa, District- Madhepura .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 25-09-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
It is submitted on behalf of the petitioner that out of 10 charge sheeted witnesses, only 4 prosecution witnesses have been examined but almost all the aforesaid four prosecution witnesses have not supported the prosecution case rather they stated that the deceased sustained injury when he fell on the ground.
Admittedly, the informant and some other material witnesses have not been examined as yet, and the trial of the petitioner has commenced. The learned trial court has reported that there is possibility of conclusion of trial of the petitioner within six months.
In view of the aforesaid facts as well as taking into
Patna High Court Cr.Misc. No.21131 of 2013 (3) dt.25-09-2013
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consideration that the petitioner is said to be assailant, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sessions Trial No. 164 of 2012 arising out of Chausa P. S. Case No. 119 of 2010 pending in the court of Ad hoc Additional District & Sessions Judge-IV, Madhepura is, again rejected.
However, learned trial court is directed to conclude the trial of the petitioner within the period as fixed by the learned trial court itself, failing which, the petitioner shall be entitled to renew his prayer for bail.
(Hemant Kumar Srivastava, J.)
A.K.V./-
1 issue framed by the court
Whether to grant bail to the petitioner given the partial support of prosecution witnesses and the trial timeline.
Pintu Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
