In a bail application arising from a murder case, the Court rejected the prayer for bail due to specific allegations against the petitioner. The trial was directed to be concluded within six months from the date of the order.
Bail was rejected. Trial to be concluded within six months. Police directed to ensure attendance of doctor and IO.
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.24288 of 2016
Arising Out of PS.Case No. -19 Year- 2014 Thana -DULHIN BAZAR District- PATNA ====================================================== Promod Yadav, S/o Krishna Yadav R/o Village- Panshari, P.S- Dulhin Bazar, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Adv. For the Opposite Party/s : Mr. Binod Kr. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 09-11-2016 Heard both sides. The petitioner seeks bail in Dulhin Bazar P.S. Case No. 19/2014, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 29.04.2015 passed in Cr. Misc. 5256/2015 with a direction to the Trial Court to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order.
Learned counsel for the informant has submitted that all the prosecution witnesses have already been examined save and except the Investigating Officer and the Doctor who are likely to
Patna High Court Cr.Misc. No.24288 of 2016 (2) dt.09-11-2016
2/2
be examined and it appears that there is very specific allegation that it was the petitioner who fired on the chest of the husband of the deceased.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
The Trial Court is directed to conclude the trial within six months from the date of receipt/production of a copy of this order.
The Superintendent of Police, Patna is directed to ensure the attendance of the doctor and the Investigating Officer of Dulhin Bazar P.S. Case No. 19/2014 pending in the court of Additional District & Sessions Judge 4th Danapur, Patna, so that the trial must be concluded within six months.
Let a copy of this order be sent to the Additional District & Sessions Judge 4th Danapur, Patna and the Superintendent of Police, Patna for information and needful.
(Prabhat Kumar Jha, J.)
Vinita/U T
2 issues framed by the court
Whether the prayer for bail of the petitioner in a case involving grave offences be granted in view of the status of the trial.
Whether the Trial Court be directed to conclude the trial within a specific timeframe.
2 provisions across 2 enactments
Promod Yadav
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
