In this bail application arising out of a murder case, the High Court at Patna refused to grant bail to the petitioner. The court dismissed the application and directed the trial court to expedite proceedings.
Bail prayer rejected; trial to be expedited.
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.23226 of 2017
Arising Out of PS.Case No. -296 Year- 2013 Thana -DALSINGHSARAI District- SAMASTIPUR
====================================================== Ratan Thakur, S/o - Late Shiv Shankar Thakur, R/V - Kumahar Tola Madudabad, P.S. - Mohaddinagar, District - Samastipur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------
The petitioner seeks bail in connection with Sessions Trial No.12 of 2016, arising out of Dalsingsarai P.S. Case No.296 of 2013, registered under Sections 302 and 201/34 of the Indian Penal Code, pending in the court of the 4th Additional Sessions Judge, Samastipur.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that after the recovery of headless dead body of an unknown male, the present case was lodged on 02.09.2013 against unknown. In course of investigation, this petitioner was apprehended by the police in
Patna High Court Cr.Misc. No.23226 of 2017 (3) dt.05-07-2017 2/2
connection with Mohaddinagar P.S. Case No.234 of 2013 and, thereafter, the police got recorded the confessional statement of the petitioner on 18.12.2013, showing his involvement and one Sattan Rai alias Mahadeo Rai in the present case. After that, on the basis of the confessional statement of the petitioner, the bone of the head of the deceased was recovered from the field and it was detected that the deceased was Santosh Paswan. Further submission is that while the petitioner is accused in four other cases, as detailed in paragraph-3 to the application, but out of the aforesaid four cases, in one case, he is on bail and in other three cases, he has already been acquitted. The petitioner is in jail custody since 08.12.2013.
Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. However, the trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder and causing death under Sections 302, 201, and 34 of the IPC.
Whether the direction to expedite the trial is appropriate in view of the petitioner's custody.
1 provisions across 1 enactments
Ratan Thakur
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
