The Patna High Court rejected the petitioner's bail application in a murder case involving death by blunt object. The court held that bail was not inclined upon consideration of facts, directing the trial court to conclude the trial within nine months.
Bail rejected; trial directed to be completed within nine months.
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.6102 of 2015
Arising Out of PS.Case No. -41 Year- 2014 Thana -KADWA District- KATIHAR ====================================================== Chhanguri Mahaldar Son of Late Sakhi Chand Mahaldar, resident of Village- Bhogawan (Kothi), P.S.- Kadwa, District- Katihar .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Vinay Ranjan, Advocate. For the Opposite Party : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 08-04-2015 Heard both sides. The petitioner seeks bail in Kadwa P.S. Case No. 41 of 2014, corresponding to Sessions Trial No. 216 of 2014 registered for the offences punishable under Section 302, 307 and other Sections of the Indian Penal Code.
The allegation against the petitioner Chhanguri Mahaldar is that he assaulted Akhilesh Mahaldar the brother of the informant with Samath a heavy and hard blunt object on his head and Akhilesh Mahaldar died.
Learned counsel for the petitioner submits that all other accused persons have already been enlarged on bail. The petitioner is in jail since 27.03.2014.
Considering the facts aforesaid and the fact that the
Patna High Court Cr.Misc. No.6102 of 2015 (4) dt.08-04-2015
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petitioner gave Samath blow on the head of Akhilesh Mahaldar with heavy hard and blunt object and Akhilesh Mahaldar died, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order, if the trial is not concluded the petitioner may renew his prayer for bail.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a murder case where other accused are already on bail.
Whether the trial court is directed to expedite the trial with a specific timeline.
2 provisions across 1 enactments
Chhanguri Mahaldar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
