This is a criminal miscellaneous application for regular bail. The High Court rejected the bail application due to grievous injuries caused by the petitioner to the informant. The court directed the Trial Court to expedite the trial.
Bail application rejected; case directed to Court of Sessions for expedited trial.
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.55516 of 2016
Arising Out of PS.Case No. -125 Year- 2016 Thana -GHOSI District- JEHANABAD
====================================================== Upendra Yadav, Son of Late Ram Swaroop Yadav, resident of Village – Bandhuganj, P.S. – Ghosi, District – Jehanabad.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 23-12-2016 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 147, 148, 149, 323, 341, 337, 325, 307, 379 and 324 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that the petitioner has earlier moved this Court for grant of bail but the said application was permitted to be withdrawn. It has further been submitted that allegation against the petitioner that he assaulted the informant but the injuries as mentioned in the injury report, caused by hard and blunt weapon. The petitioner has been in judicial custody since 31.08.2016.
Heard learned A.P.P. also.
Having heard both sides. It appears from the perusal bail
Patna High Court Cr.Misc. No.55516 of 2016 (2) dt.23-12-2016
2/2
application that petitioner earlier moved this Court for grant of bail, but the said application was permitted to be withdrawn by the order of Hon’ble the Chief Justice, dated 04.10.2016. It further appears from the perusal of the injury report that the injuries caused on the person of the informant is grievous in nature, I am not inclined to grant the petitioner, the privilege of regular bail, accordingly, same is rejected.
However, considering the fact that petitioner has been judicial custody since 31.08.2016, learned Trial Court is directed to commit the case to the Court of Sessions and expedite the trial and conclude it as soon as possible.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner considering the nature of injuries to the informant.
Whether the case should be committed to the Court of Sessions for expedited trial.
1 provisions across 1 enactments
Upendra Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
