Sikandar Kumar v. The State Of Bihar
Case brief
What is this about?
In Criminal Miscellaneous No. 3565 of 2016, the Patna High Court rejected the petitioner's bail application regarding an offence under Section 395 IPC. The Court directed the trial court to expedite the trial to conclude within six months. No further bail prayer can be made if the trial concludes within that timeframe.
What did the court decide?
Bail prayer rejected; Trial directed to conclude within six months.
What the court decided
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3565 of 2016 |
|
|---|---|
| Arising Out of PS.Case No. -199 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== 1. Sikandar Kumar Son of Late Shivendra Prasad, Resident of Village - Parwalpur, P.S. Parwalpur, District - Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== |
|
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
|
| 3 | 12-02-2016 Heard the learned counsel for the petitioner as well as |
| the learned A.P.P for the State. | |
| The petitioner seeks bail in a case for the offence | |
| punishable under section 395 of the I.P.C |
The petitioner is not named in the FIR, his name transpired in the confessional statement of co-accused and thereafter the petitioner was apprehended and he was put on the test identification parade and in the test identification parade the informant identified the petitioner stating that he administered injection causing him senseless and fled away with loaded truck. Submission is of false implication and that nothing has been recovered from possession of the petitioner, he is in custody since 14.08.2014, only the informant has identified the
Patna High Court Cr.Misc. No.3565 of 2016 (3) dt.12-02-2016
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petitioner and other co-accused, namely, Pinku Kumar, Mantu Kumar and Rajesh Kumar have already been allowed bail by the learned court below itself and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that from the impugned order it reveals that the petitioner was identified by the informant.
Issues for consideration
2 issues framed by the court
Whether the petitioner deserves bail in a case involving serious offences punishable under section 395 IPC.
Whether the trial should conclude within a specified time to allow fresh bail prayer.
Parties & counsel
- petitioner
Sikandar Kumar
- respondent
The State of Bihar
Coram
Jitendra Mohan Sharma
Case details
As recorded by the court registry
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