Amar Mukhiya v. The State Of Bihar
Case brief
What is this about?
This court rejected the petitioner's third bail application in a narcotics case, noting his recent absence. It censured the lower court judge for submitting vague reports despite specific directions, proposing administrative action instead of passing a final order against him.
What did the court decide?
Prayer for bail rejected. Judge directed to face administrative action via Standing Committee.
What the court decided
A compact analysis
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. 39787 of 2014
Arising Out of PS.Case No. -23 Year- 2009 Thana -BHANGAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Amar Mukhiya son of Sri Bhoj Mukhiya, resident of village- Kolua Ghat, P.S. – Pujaha Patjirwa, District- West Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Kr. Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
Heard learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Addl. Public Prosecutor.
4. 18-02-2015
This is the 3rd occasion on behalf of petitioner for grant of bail. Earlier, twice the prayer for bail of petitioner was rejected, keeping in view the fact that the petitioner is an accused of offence under Sections 20, 22, 23 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and Section 414 of the Indian Penal Code. Lastly, on 27-08-2010, the prayer for bail of the petitioner was rejected, vide Cr. Misc. No. 24981 of 2010. Since, the petitioner was in custody from 15-12-2009, while dismissing the prayer for bail on the second occasion, this Court had directed for taking steps for concluding the trial, preferably; within a period of eight months from the date of receipt of a copy of this order. It was noticed that the case was fixed for evidence.
Patna High Court Cr.Misc. No.39787 of 2014 (4) dt.18-02-2015
2/5
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner who has absconded after previous bail rejection.
Whether the lower court judge complied with the order to submit a detailed stage-of-case report.
Whether administrative action is justified against the judge for contemptuous conduct.
Parties & counsel
- petitioner
AMAR MUKHIYA
- respondent
THE STATE OF BIHAR
Coram
RAKESH KUMAR
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court