The High Court at Patna considered a petition for bail wherein the petitioner, already in custody since January 2016, alleged political motivation and mistake of fact. The court rejected the bail application.
Bail application rejected; directions to conclude trial 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.20586 of 2016
Arising out of PS.Case No. -16 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Pravin Kumar Verma @ Gopaljee @ Praveen Kumar @ Preaveen Kumar, son of Sri Mahendra Prasad Verma, resident of village- Kushumjori, P.S.Chandan, O.P.- Anandpur, Bharioganj, District- Jamui (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dhirendra Kumar Gupta, Advocte. For the Opposite Party : Mr. Amrendra Pd. (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is languishing in custody since 22.01.2016 in connection with Laxmipur P.S. Case No. 16 of 2016 for the offences instituted under Sections 147, 148, 149, 121, 121(A), 120(B) of the IPC, 3, 4, 5 of the Explosive Substance Act, 25(1-b) a, 26 of the Arms Act, 16,18, 20,21 and 22 of the Unlawful Activities( Prevention) Act.
The prosecution story, in brief, is that one loaded country made musket, cartridges, Naxali Parcha, detonators and photograph of the petitioner with Naxali associates in uniform have been recovered from possession of the petitioner.
Patna High Court Cr.Misc. No.20586 of 2016 (3) dt.21-07-2016
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It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. He has been made accused in the present case due to mistake of fact. He had no concern with the offences as alleged against him. The petitioner has been made accused for the political reason.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he was apprehended with fire arm and detonators.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Laxmipur P.S. Case No. 16/2016, vide U.A.P. Case No. 07/2016, pending in the court of the learned District and Sessions Judge, Jamui. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
U.K./U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody since 22.01.2016 in connection with offences under Sections 147, 148, 149, 121, 121(A), 120(B) of the IPC and other enactments.
4 provisions across 4 enactments
Pravin Kumar Verma @ Gopaljee @ Praveen Kumar @ Preaveen Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
