Single-judge order rejecting bail due to non-appearance of co-accused on bail during prosecution evidence closure, directing trial conclusion with time limits.
Prayer for bail rejected; trial to conclude within time with split cases for absconding accused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37173 of 2017
Arising Out of PS.Case No. -107 Year- 2016 Thana -CIVIL LINE District- GAYA
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Mithlesh Kumar @ Mithalesh Yadav @ Teju Yadav Son of Ram Swarup Yadav Resident of Village- Belhariya, P.S. Tekari, District- Gaya.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 20-09-2017 Heard learned counsel for the petitioner and the State. The bail of the petitioner was earlier rejected by this Court vide order dated 23.01.2017 passed in Cr. Misc. 51055 of 2016 with liberty to the petitioner to renew his prayer for bail after six months if there is no substantial progress in the trial.
A report has been called for from the court below from which it appears that prosecution evidence has already been closed against all the four accused persons and case was fixed for statement of the accused, but two accused persons who are on bail did not appear and then case was fixed for appearance of those two accused persons.
In such circumstances, this Court is not inclined to grant bail to the petitioner.
Patna High Court Cr.Misc. No.37173 of 2017 (3) dt.20-09-2017
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Prayer for bail of the petitioner stands rejected.
The court below is directed to conclude the trial of accused persons within time as mentioned by the court below in its report dated 8.9.2017, after splitting the case of the accused who are absconding.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether bail should be granted given the non-appearance of co-accused on bail during trial proceedings.
Mithlesh Kumar @ Mithalesh Yadav @ Teju Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
