The High Court refused to review an earlier order rejecting bail. The prayer for bail was rejected. The trial court was directed to ensure witness attendance, with proceedings against non-appearing witnesses.
Prayer for bail rejected. Trial court directed to take steps for witness production.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38992 of 2014
Arising Out of Danapur P.S. Case No.425 Year- 2012 Thana -DANAPUR District- PATNA ====================================================== Durgesh Kumar @ Golu, S/o Jagdish Mishra @ J.K. Mishra, Resident of Gajipur Bahai, P.S. Jandaha, District Vaishali at present near the Budha Colony Hospital, India, P.S. Budha Colony, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary, Adv. For the State : Mr. C. Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
3 10-12-2014 Heard learned counsel for the Petitioner and the State. The Petitioner was refused bail by the order dated 3.5.2013 passed in Cr. Misc. 12161 of 2013.
Considering that now the witnesses are being regularly examined, I am not inclined to review earlier order refusing bail to the Petitioner in connection with Danapur P.S. Case No. 425 of 2012 pending before Sri Uma Shankar, Judicial Magistrate, 1st Class, Danapur, Patna.
The prayer for bail is rejected.
The Trial Court is directed to take stringent steps for production of the witnesses on the date fixed and if they do not appear despite receipt of notice, Proceeding shall be initiated against them as prescribed in Cr. P.C.
(Anjana Prakash, J)
S.Ali/-
U T
2 issues framed by the court
Whether bail should be reconsidered given the regular examination of witnesses.
Whether witnesses in the trial court proceeding are required to appear and face consequences for default.
1 provisions across 1 enactments
Durgesh Kumar @ Golu
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
