Single judge oral order refused interim bail to petitioner in a murder case, directing renewal of application if trial exceeds four months from the order date.
Bail refused; liberty to renew prayer if trial exceeds four months.
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Patna High Court Cr.Misc. No.42662 of 2012 (3) dt.09-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42662 of 2012
====================================================== Surju Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 09-01-2013 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 02.08.2011 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.
It is alleged that the petitioner fired at the informant which hit the deceased Kiran Devi who died on the spot due to the injuries.
The learned trial court’s report dated 10.12.2012 suggests that four witnesses have already been examined and trial is likely to be concluded within a period of four months.
In the circumstances, this Court is not inclined to grant bail to the petitioner. However, if the trial is not concluded within a period of four months from today, the petitioner will be at liberty to renew his prayer for bail.
Patna High Court Cr.Misc. No.42662 of 2012 (3) dt.09-01-2013
Let the order be transmitted through fax to the court of learned IInd Additional Sessions Judge, Khagaria in connection with Sessions Case No. 531 of 2011 arising out of Khagaria (Muffasil) P.S. Case No. 289 of 2011 at the cost of the petitioner.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether bail should be granted to the accused during the pendency of the trial given the progress of the trial.
Whether the accused will be at liberty to renew his prayer for bail if the trial is not concluded within the specified period.
Surju Yadav
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
