In a bail petition under Sections 414 and 413 of the Indian Penal Code, the Patna High Court rejected the prayer for bail. The court directed the trial court to expedite the trial and conclude it within nine months after framing of charges.
Prayer for bail rejected; trial directed to conclude within nine months after framing of charges.
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.15566 of 2018
Arising Out of PS.Case No. -197 Year- 2017 Thana -PAROO District- MUZAFFARPUR
====================================================== Ramanand Kumar @ Kundan, son of Jaylal Ram, resident of villageFoolar, P.S.- Paru, District- Muzaffarpur.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Shailendra Kumar -1
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 19-03-2018
The petitioner, already in custody, seeks bail in connection with Paru P.S.Case No. 197 of 2017 registered under Sections 414 and 413 of the Indian penal Code.
Allegation in brief is that petitioner was apprehended with a stolen motorcycle.
Submission is that recovery is not from the possession of the petitioner and has been implicated merely because he had one such criminal antecedent and is in custody for last six months approximately.
Whereas learned counsel for the State submits that petitioner was apprehended red handed with a motorcycle, which was a stolen one, and he has similar criminal antecedent.
Having considered the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.15566 of 2018 (2) dt.19-03-2018
2/2
the prayer for bail of the petitioner, at present, is rejected. Trial court is directed to expedite the trial and conclude the same preferably within nine months after framing of charge.
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether the petitioner being in custody of a stolen motorcycle warrants a denial of bail.
Whether the trial court should expedite the trial of the petitioner.
1 provisions across 1 enactments
Ramanand Kumar @ Kundan
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
