Bail application rejected in a murder and assault case. The petitioner, detained since May 2016, was held the main assailant causing death. Previous bail rejected; trial expected in six months. Bail refused; trial timeline directed to police and magistrate.
Bail application rejected; trial to conclude within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43084 of 2017
Arising Out of PS.Case No. -87 Year- 2016 Thana -KATEYA District- GOPALGANJ
====================================================== Hare Ram Yadav, Son of Late Jokhu Yadav, Resident of Village- Khadhi Bazar, P.S. Kateya, District- Gopalganj.
.... .... Petitioner
The State of Bihar.
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Dhramveer, Advocate. For the Opposite Party : Smt. Rita Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 06-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 04.05.2016 in connection with Kateya P.S. Case No. 87 of 2016 for the offence registered under Sections 341, 323, 325, 506 and 302/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner came and assaulted the informant’s husband with pieces of wooden, due to which her husband became injured and fell down. In fallen condition, coaccused Balmiki Yadav pressed with his leg on the chest and abdomen of her husband, resulting into his death.
This is second attempt on behalf of the petitioner for grant of bail.
Earlier bail application of the petitioner was rejected
Patna High Court Cr.Misc. No.43084 of 2017 (3) dt.06-12-2017
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vide Cr. Misc. No. 36093 of 2016 dated 28.10.2016 taking into account that the petitioner is the main assailant of the deceased.
A report was called for from the court below regarding
the stage of the case. It has been reported that the charge has already been framed and within a period of six months the trial is expected to be concluded.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Kateya P.S. Case No. 87 of 2016, pending in the court of learned J.M. Ist Class, Gopalganj.
The court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of copy of this order.
The District Magistrate, Gopalganj and the Superintendent of Police, Gopalganj are directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period.
Let a copy of this order be communicated to the District Magistrate, Gopalganj and the Superintendent of Police, Gopalganj.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether bail should be granted to the petitioner who is the main assailant.
Hare Ram Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
