Held that bail cannot be granted at this stage as the trial is not concluded, with only two witnesses remaining. The court directed the trial court to expedite the proceedings.
Bail plea rejected; trial directed to conclude within two months by securing attendance of remaining witnesses.
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Patna High Court Cr.Misc. No.3487 of 2016 (2) dt.27-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3487 of 2016
Arising Out of PS.Case No. -122 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Hari Dhangar son of Late Langtu Dhangar, resident of village- Ambedkar Nagar, Dhangar Toli, Police Station- Chakia, District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 27-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Chakiya P.S. Case No. 122 of 2013 (S. T. No 927 of 2013) registered for the offences punishable under Sections 302, 120B of the Indian Penal Code.
The petitioner wants to renew his prayer of bail, which was earlier twice rejected vide order dated 27.05.2014 and 08.10.2015 passed in Cr. Misc. No. 13259 of 2014 and 25440 of 2015, on the ground that the trial has not been concluded as per direction in order dated 08.10.2015.
Learned APP submits that from the order dated 10.12.2015 passed by the learned Trial Judge it is apparent that
Patna High Court Cr.Misc. No.3487 of 2016 (2) dt.27-01-2016
now only Doctor and I. O. are to be examined.
In the facts and circumstances stated above, considering that only two witnesses are left to be examined, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
However, the learned trial court is directed to take positive steps to secure the attendance of Doctor and I.O. and conclude the trial within two months.
(Jitendra Mohan Sharma, J)
avin/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail when only two witnesses remain for examination in a murder case.
Whether the bail plea can be renewed based on the progress of the trial nearing conclusion.
1 provisions across 1 enactments
Hari Dhangar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
