Bail application by petitioner in murder case involving robbery and death of guard rejected. Bench directed trial court to conclude trial within 12 months and police to ensure witness production.
Bail rejected; Trial Court directed to conclude trial within 12 months; District Magistrate and S.P. directed to ensure witness production.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16226 of 2017
Arising Out of PS.Case No. -28 Year- 2016 Thana -BUNIADGANJ District- GAYA
====================================================== Guddu Singh S/o Satyendra Singh Resident of Village- Kamalpur, P.S. Mufassil, District Gaya.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 03-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302, 394/34 of the Indian Penal Code but later on Sections 396 and 412 of the Indian Penal Code have been added.
Allegation against the accused persons is that while the informant along with guard and custodian was going for cash leading with Rs. 11 lac to P.N.B. and B.O.I A.T.M. at Mainpur Patwa Tola, three unknown persons came and opened fire on the head of guard and snatched his gun and further snatched the bag of cash from the custodian Naresh Kumar Singh and fled away. It is alleged that the guard died on the spot.
Earlier the bail application of the petitioner was
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rejected vide Annexure-1 to the present application taking into account that on confessional statement of petitioner and other coaccused, incriminating articles were recovered in respect of the murder of the deceased.
A report was called for from the trial court regarding the stage of the case and it has been reported that out of 8 prosecution witnesses, 3 prosecution witnesses have already been examined in this case and the trial is expected to be concluded within a period of 12 months,
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 191 of 2016, arising out of Buniyadganj P.S. Case No. 28 of 2016, pending in the court of learned A.D.J-VII, Gaya.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of 12 months from the date of receipt/production of copy of this order.
The District Magistrate, Gaya and the Senior Superintendent of Police, Gaya are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.
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Let a copy of this order be communicated to the District
Magistrate, Gaya and the Senior Superintendent of Police, Gaya.
(Sudhir Singh, J)
Amit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in an appeal arising from a murder case involving snatching of cash and death of a guard.
Whether the trial court should be directed to conclude the trial within a stipulated period.
2 provisions across 1 enactments
Guddu Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
