The Patna High Court, hearing a bail application in a murder case where all witnesses had been examined, declined to interfere with the proceedings at the present stage of trial, while directing the Sessions Court to conclude the trial expeditiously.
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.4878 of 2015
Arising Out of PS.Case No. -249 Year- 2012 Thana -MOHANIA District- BHABHUA (KAIMUR)
======================================================
1. Hareram Mallah @ Hareram Choudhary Son of Ramlal Malla Resident
of vill-Bagaicha,P.S-Sonhan,Distt.-Kaimur at Bhabhua
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay
For the Opposite Party/s : Mr. S.Dayal (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
5 02-09-2015 The petitioner has renewed his prayer for bail
in a case registered for the offences punishable under Sections
302, 201, 120B of the Indian Penal Code.
The prosecution case is that the husband of
the informant was kidnapped when the ransom money of Rs.
2o Lacs was demanded. Subsequently the dead body of the
husband of the informant with injuries was recovered. The
name of the petitioner sprang up on confession of co-accused
Dharmendra Kushwaha.
Initially the prayer for bail of the petitioner
was rejected vide order dated 06.08.2013 passed in Cr. Misc.
No. 5549 of 2013 and thereafter vide order dated 20.08.2014
passed in Cr. Misc. No. 6792 of 2014 with liberty to renew the
prayer for bail, if the trial is not concluded within a period of
four months.
Patna High Court Cr.Misc. No.4878 of 2015 (5) dt.02-09-2015
2/2
The Superintendent of Police, Kaimur at Bhabua is present. The counter affidavit suggests that all the 26 charge-sheeted witnesses have already been examined.
Considering the present stage of trial, this Court is not inclined to interfere.
It is expected from learned 5th Adhoc Additional Sessions Judge, Kaimur at Bhabua to conclude the trial expeditiously.
The personal appearance of Superintendent
of Police, Kaimur at Bhabua is dispensed with.
Accordingly the application is disposed of in connection with Sessions Trial No. 69/66 of 2013, arising out of Mohania P.S. Case No. 249 of 2012, pending in the Court of learned 5th Additional Sessions Judge, Kaimur at Bhabua.
(Dinesh Kumar Singh, J)
Shageer/-
U T
2 issues framed by the court
Whether bail application should be allowed considering the stage of trial.
Whether the Superintendent of Police's counter affidavit necessitates interference.
1 provisions across 1 enactments
Hareram Mallah @ Hareram Choudhary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
