In an oral order, the Patna High Court rejected the petitioner's prayer for bail. Previously rejected on merit, the petition was dismissed as there was no ground to reconsider. The court directed the trial court to conclude the trial within one year.
Prayer for bail rejected; trial to be concluded within one year.
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Patna High Court Cr.Misc. No.44042 of 2014 (3) dt.21-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44042 of 2014
Arising Out of PS.Case No. -5 Year- 2013 Thana -ALAMNAGAR District- MADHEPURA ====================================================== SHARWAN SAH, SON OF LATE BRAHMDEO SAH. RESIDENT OF VILLAGE - RATWARA,P.S. - ALAMNAGAR, (RATWARA), DISTRICT- MADHEPURA. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party/s : Mr. D.P.Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner is accused in connection with Alamnagar (Ratwara) P.S. Case No. 05 of 2013 registered under Sections 302 and 201/34 of the Indian Penal Code.
A report has been received through letter no. 142 dated 02.12.2014, from the court of Adhoc Additional Sessions Judge-II, Madhepura, shows that out of 11 cited in the chargesheet, six prosecution witnesses have been examined and the remaining five prosecution witnesses, steps have been taken for their evidence.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.44042 of 2014 (3) dt.21-01-2015
prayer for bail of the petitioner, who is the husband of the deceased, Renu Devi, was earlier rejected on merit vide order dated 31.01.2014 passed in Cr. Misc. No. 31761 of 2013 by this Court. It is further submitted that petitioner is in custody since 18.01.2013 and there is no chance to conclude the trial in near future.
Having considered the facts and circumstances of the case, I find no ground to reconsider the prayer for bail of the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, the trial court is directed to conclude the trial of the petitioner within a period of one year from the date of communication of the order by taking all effective steps.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the prayer for bail of the petitioner, previously rejected on merit, should be reconsidered in the circumstances.
Sharwan Sah
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
