Patna High Court rejected bail application of petitioner accused in PS Case No.118/2013, holding him an assailant but directed trial court to expedite trial within nine months.
Prayer for renewal of bail rejected; trial directed to be concluded within nine 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.
Patna High Court Cr.Misc. No.20164 of 2017 (4) dt.03-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20164 of 2017
Arising Out of PS.Case No. -118 Year- 2013 Thana -GARDANIBAGH District- PATNA
====================================================== Pankaj Kumar @ Pankaj Ram @ Guddu Ram @ Guddu S/o Late Baiju Ram, Resident of Mohalla- Ambedkar Colony, Yarpur, Police StationGardanibagh, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Sharma For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 05.10.2016 passed in Cr. Misc. No. 44126 of 2016, on the ground that the petitioner is suffering in custody since 20.05.2016 and now the stage of the case has been changed as the case has been committed and charges have also been framed and as such the petitioner deserves sympathetic consideration. The post mortem report is not consistent with the prosecution version.
Learned APP opposes the prayer of bail by submitting that the petitioner is the assailant.
In the facts and circumstances stated above, considering that the petitioner is the assailant, this Court is not inclined to
Patna High Court Cr.Misc. No.20164 of 2017 (4) dt.03-07-2017
enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
However, learned trial court is directed to expedite the trial and conclude the same as early as possible, preferably within nine months from the date of receipt/production of a copy of this order, failing which, the petitioner, if at no fault, may be at liberty to renew his prayer of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail after the stage of the case has changed with framing of charges?
Pankaj Kumar @ Pankaj Ram @ Guddu Ram @ Guddu
State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
