The Patna High Court rejected the petitioner's second bail petition. While refusing bail, the Court directed the trial court to conclude the trial within 9 months or the petitioner may renew the prayer.
Petitioner may renew bail prayer if trial is not concluded within 9 months of the order.
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.53529 of 2013
====================================================== Kanhaiya Sao @ Kanhaiya Sah Son of Late Narayan Sao Resident of Village - Nimarang, Police Station - Jamui, P.O. - Jamui, District - Jamui .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 26-03-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Earlier prayer for bail of the petitioner was rejected taking note of this fact that 42 kgs 900 gms. Ganja was recovered from his room but again, this second bail petition has been filed on the ground that the petitioner is in jail custody since long and uptill now, his trial has not been concluded.
Learned trial court has reported that uptill now, 4 prosecution witnesses have been examined and to procure the attendance of remaining prosecution witnesses, D.O. Letter No. 30 dated 29-01-2013 has already been issued with list of prosecution witnesses to the Superintendent of Police, Jamui.
Considering the facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, prayer for bail of the petitioner
Patna High Court Cr.Misc. No.53529 of 2013 (3) dt.26-03-2014
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in connection with Sessions Trial (NDPS) No. 02 of 2011 arising out of Jamui P.S. Case No. 253 of 2011 pending in the court of Ist Additional Sessions Judge, Jamui is, again, rejected.
However, learned trial court is directed to conclude the trial of the petitioner within 9 months from the date of receipt/production of copy of this order, failing which, the petitioner may renew his prayer for bail.
Let copy of this order be sent to the Superintendent of Police, Jamui with direction to him to ensure the compliance of order of learned Additional Sessions Judge-Ist, Jamui and produce the prosecution witnesses before his court in the light of D.O. letter No. 30 dated 29-01-2013, issued to him by learned Ist Additional Sessions Judge, Jamui.
(Hemant Kumar Srivastava, J)
A.K.V./-
1 issue framed by the court
Whether the petitioner should be released on bail considering he is in custody long pending trial and 4 prosecution witnesses have been examined.
Kanhaiya Sao @ Kanhaiya Sah
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
