Balwant Yadav v. The State Of Bihar
Case brief
What is this about?
The High Court of Patna refused bail to the petitioner accused under IPC 364/34. While acknowledging delays in the trial, the court declined to grant bail but directed the commitment to trial and expeditious disposal within nine months to permit a future bail application.
What did the court decide?
Bail denied; case directed for immediate commitment and trial disposal within nine months.
What the court decided
A compact analysis
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.21542 of 2016
Arising Out of PS.Case No. -9 Year- 2008 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Balwant Yadav son of Bhuneshwar Yadav, resident of village- Choudharna, P.S.- Adhoura, District- Kaimur at Bhabhua. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ashraf Ansari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
- 2 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Adhoura P. S. Case No. 09 of 2008, G. R. No. 675 of 2008 registered under Section 364/34 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 08.04.2015 passed in Cr. Misc. No. 16999 of 2013.
It is contended that though the petitioner is in custody since 16.01.2013, the case has yet not been committed to the court of sessions for trial.
Be that as it may, regard being had to the reasons
Patna High Court Cr.Misc. No.21542 of 2016 (2) dt.19-05-2016
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner given that the case has not been committed to the Sessions Court despite long custody.
Whether a direction to expedite the trial will suffice or if bail should be granted.
Parties & counsel
- petitioner
Balwant Yadav
- respondent
The State of Bihar
Coram
Ashwani Kumar Singh
Case details
As recorded by the court registry
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