The High Court of Patna rejected the petitioner's bail prayer in a murder case. Balancing the serious nature of the offence against the advanced stage of the trial, the court directed a day-to-day trial to conclusion within four months.
Prayer for bail rejected; trial directed to conclude within four 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.36545 of 2017
Arising Out of PS.Case No. -77 Year- 2014 Thana -PATRAKARNAGAR District- PATNA
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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Arun Kumar Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 04-10-2017 Heard both sides.
The petitioner seeks bail in Patrakar Nagar P.S. Case No. 77 of 2014, corresponding to Sessions Trial No. 1069 of 2014, registered for the offences punishable under Sections 394, 302 and 34 of the Indian Penal Code.
The prayer for bail of the petitioner was twice rejected by this Court. The petitioner again filed a petition for grant of bail as the trial has not yet been concluded. A report was called for and from the report of learned 8th Additional Sessions Judge, Patna it appears that the record of Sessions Trial No. 1069 of 2014 was received in his Court on 19.04.2017 and all the witnesses have been examined save and except the investigating officer and the doctor.
Patna High Court Cr.Misc. No.36545 of 2017 (3) dt.04-10-2017 2
Considering the facts aforesaid and the fact that the trial is at the fag end and the offence is of very serious nature, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to hold the trial on day-to-day basis and conclude the same within a period of four months from the date of receipt/production of a copy of this order. The S.S.P., Patna is directed to ensure the attendance of the investigating officer and the doctor in the court of learned 8th Additional Sessions Judge, Patna in Patrakar Nagar P.S. Case No. 77 of 2014, corresponding to Sessions Trial No. 1069 of 2014 so that the trial must be concluded within a period of four months. If the trial is not concluded within a period of four months, the petitioner may renew his prayer for bail.
(Prabhat Kumar Jha, J)
KKSINHA/-
U T
3 issues framed by the court
Whether bail should be granted given the advanced stage of the trial and the serious nature of the offences charged.
Whether the trial court has been directed to conclude the trial within a specified timeframe.
Whether the petitioner may renew the bail prayer if the trial is not concluded within the stipulated period.
2 provisions across 2 enactments
Munna Mallah @ Lal Babu @ Mirchai Gop Son of Ram Babu Mahto
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
