This is a second bail application where the petitioner argued hostilisation of two prosecution witnesses. The High Court dismissed the petition, upholding the earlier order, but directed the trial court to proceed expeditiously and consider separating the trial due to another accused jumping bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11216 of 2014
| ==================== Mohan Ram , son of Megha Charpokhari, district - Bhoj The State of Bihar ==================== Appearance : For the Petitioner/s : For the Opposite Party/s : ==================== CORAM: HONOURABLE ORAL ORDER |
================================== Ram, resident of village–Kaup, P.S. - pur at Ara .... .... Petitioner/s Versus .... .... Opposite Party/s ================================== ================================== MR. JUSTICE RAKESH KUMAR |
|
|---|---|---|
| 2 | 02-04-2014 Heard learne |
d counsel for the petitioner and Sri Raj |
| Ballabh Singh, learned | Additional Public Prosecutor. | |
| This is 2nd | attempt for grant of bail. Earlier, | |
| petitioner’s prayer for | bail was rejected on 30.9.2013 vide Cr. | |
| Misc. No. 28700 of 201 | 3 keeping in view the fact that petitioner | |
| was identified in T.I. another case. |
parade and also he was accused in one |
Learned counsel for the petitioner submits that trial has already commenced and during trial, three prosecution witnesses have been examined. Out of three, two prosecution witnesses have turned hostile.
In view of the fact that trial has already commenced, there is no reason for reviewing my earlier order. The petition stands dismissed.
The trial court is directed to proceed with the trial
Patna High Court Cr.Misc. No.11216 of 2014 (2) dt.02-04-2014
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expeditiously, so that, it may come to its logical end without unnecessary delay.
It was submitted by learned counsel for the petitioner that since one of the accused has jumped bail, trial has been kept in abeyance for appearance. If the statement made by learned counsel for the petitioner is correct, in that event, the learned trial court keeping in view the fact that petitioner is in custody since long may take appropriate steps, so that, if possible, case of the petitioner may proceed even by way of separating his trial.
(Rakesh Kumar, J)
Praful/-
1 issue framed by the court
Whether bail should be granted in the second attempt despite earlier rejection due to identification in T.I. parade.
Mohan Ram
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
