Petitioner sought bail in a murder and arms case, detained since March 2013. The Court refused bail due to the grave nature of the accusation but expedited the trial, granting renewal of bail prayer if trial exceeds one year.
Bail denied; trial expedited; liberty to renew bail prayer if trial concludes within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8140 of 2013
====================================================== Anil Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 15-07-2013 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 13.03.2013 in Sanhaula P.S. Case No. 12 of 2012 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned CJM, Bhagalpur.
On gunshot firing, the informant came to see her husband in injured condition who succumbed to the injuries. Subsequently, during investigation, the witnesses suggested that on the order of Deva Mahto, this petitioner fired at the victim who succumbed to the injuries.
It is submitted by learned counsel for the petitioner that in the Fir, the petitioner was named as an accused only on suspicion when there was no occasion for the eye-witness not to suggest the specific accusation when the FIR was registered.
Considering the nature of accusation, this Court is not
Patna High Court Cr.Misc. No.8140 of 2013 (4) dt.15-07-2013
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inclined to grant bail to the petitioner.
Let the trial be expedited.
The petitioner will be at liberty to renew his prayer for
bail if the trial is not concluded within a period of one year.
Let the order be transmitted to the learned court below
through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused of murder, despite prosecution evidence suggesting his involvement.
Whether the trial should be expedited given the length of the petitioner's detention.
Under what conditions the petitioner may renew his prayer for bail.
2 provisions across 2 enactments
Anil Mahto
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
