Kajru Manjhi v. The State Of Bihar
Case brief
What is this about?
The High Court rejected the petitioner's bail application in a session trial delayed since 2014. While refusing release, the court directed the trial court to expedite proceedings and allowed the petitioner to renew the bail prayer if the trial is not concluded within two months. No substantive statutory provisions were cited.
What did the court decide?
prayer for bail rejected; trial to be expedited within two months; petitioner permitted to renew bail prayer thereafter.
What the court decided
Patna High Court Cr.Misc. No.22584 of 2018 (5) dt.11-07-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22584 of 2018
Arising Out of PS.Case No. -74 Year- 2011 Thana -DHARHARA District- MUNGER
====================================================== 1. Kajru Manjhi S/o Late Jamun Manjhi, R/o Vill.- Dharampur, P.S.Dharhara, District- Munger.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s Mr. Anil Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
05 11.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Trial court has reported that one witness was examined on 5.1.2018 and trial court has already taken steps to procure the attendance of prosecution witnesses. Trial court has sought two months more time for disposal of Session trial no. 259/2016.
Supplementary affidavit has been filed on behalf of the petitioner mentioning therein that up till now two prosecution witnesses have been examined and there is no likelihood of conclusion of trial of the petitioner in near future. It is further pointed out by him that the petitioner is in jail custody since 17.12.2014.
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to release on bail given the delay in trial and custody since 2014.
Whether the trial court must expedite the proceedings considering the petitioner's long incarceration.
Under what circumstances the petitioner may renew the bail prayer after a two-month period.
Parties & counsel
- petitioner
Kajru Manjhi
- respondent
The State of Bihar
Coram
Hemant Kumar Srivastava
Case details
As recorded by the court registry
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