Single judge denied bail to petitioner in a murder case with injury fatal to deceased, directing commitment to sessions court for speedy trial.
Bail prayer rejected; case committed to Sessions Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28014 of 2013
====================================================== Tetar Kewat son of Kharakdhari Kewat, resident of village- Janakpur, Police Station- Khudaganj, District- Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 13-01-2014 Heard learned counsels for the petitioner, the informant and the State.
The petitioner seeks bail in a case registered for the offences punishable under sections 341, 323, 504, 506 and 307 read with 34 of the Indian Penal Code. Subsequently, section 302 of the Indian Penal Code has been added.
It is contended on behalf of the petitioner that there is omnibus and general allegation against five persons to have assaulted the deceased. The postmortem report also shows that the deceased sustained several injuries. Learned counsel further contended that the petitioner is in custody since 23rd March, 2013 but the case is still pending before the Magistrate.
On the other hand, learned counsel for the informant submitted that the specific allegation of assault upon the head of the deceased is against the petitioner and as per post mortem
Patna High Court Cr.Misc. No.28014 of 2013 (4) dt.13-01-2014
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report the said injury proved fatal.
In that view of the matter, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected at this stage.
However, the court below is directed to commit the case to the court of sessions forthwith. Once the case is committed to the court of sessions, the learned Sessions Judge would ensure a speedy trial.
Let the order be communicated to the court below through fax either at the cost of the informant or at the cost of the petitioner.
(Ashwani Kumar Singh, J)
Md.S./-
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences including attempted murder.
How to ensure a speedy trial after commitment to the session's court.
2 provisions across 2 enactments
Tetar Kewat
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ashwani Kumar Singh
Parties & counsel
