Saifuddin v. The State Of Bihar
Case brief
What is this about?
The High Court rejected the petitioner's bail application in a fatal injury case but ordered the trial to be concluded within nine months with all witnesses present, permitting a renewed bail prayer if the delay is not the petitioner's fault.
What did the court decide?
Bail denied; trial directed to conclude in 9 months; witnesses to be produced; right to apply for bail again if trial delayed without petitioner's fault.
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.45220 of 2014
Arising Out of PS.Case No. -101 Year- 2013 Thana -KADWA District- KATIHAR
====================================================== 1. Saifuddin S/o Late Haji Lal Mohammad resident of village- Totabari, P.S.- Kadwa, District- Katihar
.... .... Petitioner/s Versus 1. The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abdul Wadood For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
- 2 03-03-2015 Heard Mr. Yogesh Chandra Verma, learned counsel appearing for the petitioner and learned A. P.P.
The prayer for bail was earlier rejected-vide order dated 24-6-2014 in Cr.Misc. No. 14076/14. There is allegation against the petitioner that he pierced Gupti in the head of the informant’s brother, which proved fatal.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. The prayer for bail is rejected.
Issues for consideration
3 issues framed by the court
Whether the petitioner should be enlarged on bail considering the serious nature of the injury alleged.
Whether to direct the trial court to conclude the trial within a specific period and ensure witness presence.
Whether the petitioner is eligible to renew bail prayer if trial is delayed beyond the directed period.
Parties & counsel
- petitioner
Saifuddin
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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