The Patna High Court refused bail to the petitioner, reiterating its earlier rejection due to the initiation of trial proceedings. The court directed that the applicant may renew the prayer if the trial is not concluded within six months.
Bail prayer rejected; petitioner allowed to renew prayer if trial not concluded within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46821 of 2012
====================================================== Raushan Bishwakarma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4. 03-04-2013. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Earlier the prayer for bail of this petitioner was rejected by order dated 16.7.2012 passed in Cr.Misc.No.24516 of 2012 and again this petitioner has filed this application on the ground that he is languishing in jail since 20.2.2012 but up till now, his trial has not been concluded.
Learned counsel for the petitioner submits that the petitioner does not have any criminal antecedent and nothing has been recovered from his possession
Learned trial court has reported that the charge against the petitioner has been framed on 6.2.2012 and to conclude the trial, summons against the witnesses have been issued.
Taking into consideration that the trial of the petitioner has already begun, I do not think it proper to enlarge the petitioner on bail at this stage and accordingly his prayer for bail is again rejected.
Patna High Court Cr.Misc. No.46821 of 2012 (4) dt.03-04-2013
2
However, the petitioner may renew his prayer for bail if the trial is not concluded within six months from the date of receipt a copy of this order.
(Hemant Kumar Srivastava, J.) ahk/-
2 issues framed by the court
Whether bail should be granted to the petitioner at this stage given the pending trial and lack of trial conclusion?
What time limit is specified for the petitioner to renew the bail application?
Raushan Bishwakarma
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
