Single judge of the Patna High Court rejected the petitioner's bail application in a criminal trial, citing his absence since 1997, declaration as an absconder, and arrest on a warrant.
Bail application stood rejected; trial court directed to expedite trial.
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.19871 of 2016
Arising Out of PS.Case No. -62 Year- 1991 Thana -ARWAL District- JEHANABAD ====================================================== 1. Faujdar Singh @ Faudar Singh Son of Late Ram Narayan Singh R/o village - Ekwari, P.S. Sadar, District - Bhojpur ( Ara ) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Umesh Lal Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
3 13-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner made himself absent from the proceeding in the year 1997 and, thereafter, he was declared absconder on 19.04.2010. The petitioner was arrested on 30.05.2015 on the strength of permanent warrant issued against him.
Considering the conduct of the petitioner as well as submissions of the parties, I am not inclined to release the petitioner on bail and, hence, his prayer for bail in connection with Session trial no. 11/ 95 /26/15, arising out of Arwal P.S.Case No. 62 of 1991, pending in the court of learned Additional Sessions Judge-III, Jehanabad stands rejected, at least, at this stage.
Patna High Court Cr.Misc. No.19871 of 2016 (3) dt.13-05-2016
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However, the learned trial court is directed to expedite
the trial of the petitioner and try to conclude the same as early as possible.
(Hemant Kumar Srivastava, J)
N.K/-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail given his past conduct, prior declaration as an absconder, and subsequent arrest.
Faujdar Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
