The Patna High Court rejected the petitioner's bail application, noting prior unfavorable orders and directions to conclude the trial within three months, viewing no scope for reconsideration.
Prayer for bail was rejected; no further bail granted.
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.7004 of 2015
Arising Out of PS.Case No. -100 Year- 2012 Thana -NARDIGANJ District- NAWADA
====================================================== NAGINA ROY SON OF LATE BADRI YADAV RESIDENT OF VILLAGE - ANGE, P.S. - NARDIGANJ, DISTRICT - NAWADA. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Hirday Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 06-05-2015 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor.
At an earlier occasion vide order dated 22.09.2014 passed in Cr. Misc. No.20596 of 2014 (Annexure-1) prayer for bail made on behalf of petitioner did not find favour consequent thereupon, was rejected. After going through the order impugned it is also evident that prayer for bail of other co-accused was found rejected by the co-ordinate Bench also. At the present juncture order dated 29.04.2015 passed in Cr. Misc. No.7771 of 2015 has been filed on behalf of prosecution to say that still prayer of the co-accused has not been entertained. Side by side the court has also directed the learned lower court to conclude the trial within three months. In the aforesaid facts and circumstances of the case, there is no scope for reconsideration. As such, prayer for bail is rejected.
Patna High Court Cr.Misc. No.7004 of 2015 (2) dt.06-05-2015
2
However, it is expected that learned lower court will abide with the direction given by the co-ordinate Bench under Cr. Misc. No.7771 of 2015.
(Aditya Kumar Trivedi, J.)
PN/-
U T
2 issues framed by the court
Whether the prayer for bail of the petitioner, given prior rejection and judicial directions to conclude trial, warrants reconsideration?
Whether the court should release the petitioner on bail in the presence of pendency and other rejections.
2 provisions across 2 enactments
Nagina Roy
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
