Petitioner sought second bail application. Court held trial commenced and earlier bail rejected; thus, bail denied.
Bail prayer stands rejected; no liberty granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31428 of 2015
Arising Out of PS.Case No. -511 Year- 2013 Thana -BARACHATTI District- GAYA ====================================================== Dinesh Paswan, son of Late Jagdish Paswan, resident of village Kolhaura, Police Station Bodh Gaya in the district of Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 22-07-2015 Heard Sri Akhileshwar Prasad Singh, learned senior counsel, who appears on behalf of the petitioner and Dr. Kumar Uday Pratap, learned A.P.P.
This is second attempt for grant of bail. Earlier, vide order dated 23.9.2014 prayer for bail of the petitioner with other co-accused was rejected by this court by a detailed order.
It was submitted by learned counsel for the petitioner that after rejection of bail charges were framed and only one witness has been examined, who turned hostile.
Keeping in view the fact that trial has already commenced, the court is of the opinion that this is not the stage for extending the privilege of bail.
Since on merit earlier prayer for bail was rejected, at the moment, the court is not inclined to extend the privilege of
Patna High Court Cr.Misc. No.31428 of 2015 (2) dt.22-07-2015
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bail to the petitioner.
The petition stands rejected.
(Rakesh Kumar, J)
Praful/-
U
3 issues framed by the court
Whether bail should be granted when the trial has commenced after charges are framed with hostile evidence.
Whether earlier judicial rejection of bail during trial warrants a fresh order.
Whether the petitioner is entitled to bail under Article 21 of the Constitution at the current stage.
Dinesh Paswan
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
