Petitioner sought bail in a case involving offences under Sections 364/365/364A/120B IPC. Court declined bail due to antecedents and trial stage, directing expedited trial and production of witnesses within two months.
Petitioner's bail application dismissed; trial expedited; SP directed to produce witnesses within two months.
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.12660 of 2014
Arising Out of PS.Case No. -323 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Bhikhu Chaudhary @ Bhikhu Yadav S/o Late Lal Bahadur Chaudhary R/o Village- Kukurbhukka, P.S- Gopalganj, District- Gopalganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 17.07.2014 Heard learned counsel for the petitioner and Mr. Sanjay Kumar, learned A.P.P. for the State.
The petitioner seeks bail in Gopalganj Town P.S. Case No. 323 of 2013 dated 23.07.2013 instituted for offence punishable under Sections 364/365/364A/120B of the Indian Penal Code.
Learned counsel for the petitioner submits that he is not named in the F.I.R. and only on the confessional statement, he has been made accused. It is submitted that even in the statement before the police the victim has not named the petitioner.
Learned A.P.P., upon going through the case diary, submits that the trial has already commenced and witnesses have also been examined. It is submitted that the
Patna High Court Cr.Misc. No.12660 of 2014 (3) dt.17-07-2014
2/2
petitioner has also got antecedent of cases under serious Sections of the Indian Penal Code as well as the Arms Act.
In view of the aforesaid, this Court is not inclined to enlarge the petitioner on bail. The application stands dismissed.
However, the Court below shall expedite the trial. The Superintendent of Police, Gopalganj is directed to ensure that all prosecution witnesses are produced before the Court for their examination, within two months.
Let a copy of the order be communicated to the Superintendent of Police, Gopalganj through Fax forthwith for compliance.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T
2 issues framed by the court
Whether petitioner is entitled to bail in a trial stage case where antecedents exist and witnesses have been examined.
Whether the trial court should expedite the trial proceedings.
1 provisions across 1 enactments
Bhikhu Chaudhary @ Bhikhu Yadav
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
