Petitioner was rejected bail in P.S. Case for Sections 307 IPC and 27 Arms Act due to direct allegation of firing causing grievous injury, though trial was ordered completed within six months due to long custody delay.
Bail prayer rejected; trial directed to conclude within six 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.54765 of 2016
Arising Out of PS.Case No. -13 Year- 2013 Thana -AGIAUN District- BHOJPUR
====================================================== Indal Mushar, Son of late Nanahak Mushar, Resident of VillageBahadurpur, P.S-Agion (G), Dist Bhojpur
.... .... Petitioner/s
Versus The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
This is an application for grant of regular bail for offences punishable under Sections 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioner that the petitioner has been languishing in judicial custody since 2013 and up till now only charges have been framed in this case. Learned counsel for the petitioner further submitted that even though the petitioner fired on the informant, but the injury caused to the informant was not on the vital part of the body.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that there
is direct allegation of firing against the petitioner causing grievous
Patna High Court Cr.Misc. No.54765 of 2016 (2) dt.20-12-2016
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injury to the informant, I am not inclined to grant the petitioner the privilege of bail, it is accordingly rejected.
However, considering the fact that since the petitioner is in judicial custody since 2013 and till now only the charges have been framed in this case, learned Court below is directed to conclude the trial expeditiously within a period of six months from today otherwise, it will be open to the petitioner to renew his prayer for bail.
Further it is made clear that the petitioner will fully cooperate in trial.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail given the direct allegation of firing and grievous injury.
Whether to direct the lower court to conclude the trial expeditiously due to the long delay in hearing.
2 provisions across 2 enactments
Indal Mushar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
