The High Court of Judicature at Patna rejected the bail application filed by a petitioner accused of offences under sections 302 and 307 IPC, including causing death via spear blow. The court expressed no inclination to grant bail and directed expeditious trial.
Bail application rejected; trial directed to be expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15441 of 2015
Arising Out of PS.Case No. -235 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Sukhari Das Son of Late Hari Chandra Das resident of village - Ashok Pakari Tiwari Tola, Police Station - Pipra Kothi, District - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-05-2015 Heard learned counsels for the petitioner and learned APP for the State. The petitioner is languishing in custody since 09.10.2014 in case registered for the offences punishable under sections 341, 323, 324, 307, 302, 447, 504/34 of the Indian Penal Code.
The accusation is of assaulting the informant and her husband by the petitioner and co-accused Lagan Das. There is specific accusation against the petitioner and co-accused Lagan Das of giving 'farsa'/spear blow on the chest of husband of the informant leading to his death on spot. The accusation is corroborated by the injury found during post-mortem.
This court is not inclined to grant bail to the
Patna High Court Cr.Misc. No.15441 of 2015 (2) dt.14-05-2015
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petitioner in connection with Keshariya P.S. Case No.235 of 2014, pending before the learned Judicial Magistrate, 1st Class, East Champaran at Motihari.
Accordingly, the bail application is rejected. Let the trial be expedited.
(Dinesh Kumar Singh, J)
Ashwini/U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a gravity case involving offences including murder and culpable homicide.
Whether the bail application under section 439 CrPC or equivalent provision should be allowed given the circumstantial evidence.
Whether the trial in the pending case should be expedited.
1 provisions across 1 enactments
Sukhari Das
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
