The Patna High Court rejected a bail petition lodged under Sections 307 and 447 IPC amid allegations of death of five persons. Bail was denied due to insufficient facts. The case was directed to be expeditiously tried within four months on a day-to-day basis.
Regular bail rejected; Trial to be completed within four months on day-to-day basis.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47501 of 2012
====================================================== Sunil Rai, S/o Sri Bhjarat Rai, resident of village Purhara, P.S. Chauri, district Bhojpur …. Petitioner Versus The State Of Bihar …. Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
3 15-04-2013 Heard the learned counsel for the petitioner, the informant and the State.
This is a petition for grant of regular bail for offence under Sections 341, 323, 324, 325, 326, 307 and 447/34 of the Penal Code.
There is allegation that accused persons came, armed with lathi and chhura, and caused the death of five persons. The learned counsel for the petitioner submits that there is injury on the person of the petitioner also, but, it appears that the injuries are superficial and simple.
The learned counsel for the informant, however, contends that four witnesses have already been examined and only one witness is left to be examined and date for evidence is fixed for 25th April, 2013.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.
The prayer for bail is rejected .
The trial be expedited for early disposal, preferably within four months on day-to-day basis and if the trial is not concluded within the stipulated time for no fault of the petitioner, then, he may renew his prayer for bail.
(Gopal Prasad, J)
SA/
2 issues framed by the court
Whether the petitioner is entitled to regular bail at the current stage of the trial.
Whether the trial must be expedited with a specific timeline and extension mechanism if incomplete.
1 provisions across 1 enactments
Sunil Rai
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
