In a bail petition arising from a criminal case, the High Court declined to grant bail given the trial was nearing conclusion. The Court directed the petitioner to seek provisional bail from the trial court citing the death of his father.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30165 of 2018
Arising Out of PS.Case No. -9 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA
====================================================== Kunj Bihari Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Jha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 17-05-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 22.08.2017 passed in Cr. Misc. No. 38315/2017 with a direction to the trial court to expedite the trial and try to conclude the same within a period of seven months and if not concluded, the petitioner will be at liberty to renew his prayer for bail before the court concerned.
Submission of the learned counsel for the petitioner is that out of seven witnesses, altogether six witnesses have been examined. Further, it has been submitted that other accused persons have been granted bail by a co-ordinate Bench of this Court, which would appear from Annexure- 3 series. It has also been submitted that in the meantime father of the petitioner has died and he has to participate in Shradh .
Heard the learned Additional P.P. also.
Patna High Court Cr.Misc. No.30165 of 2018 (2) dt.17-05-2018
2/2
In view of the aforesaid facts and circumstances of
the case and the fact that the trial is at concluding stage, I am not inclined to grant bail to the petitioner.
However, if the petitioner moves before the learned trial court and prays for grant of provisional bail for a period of two weeks from the date of passing of the order on the ground of death of his father, the trial court shall consider his prayer and shall pass order accordingly.
With the aforesaid observation, the present petition
is disposed of.
(Vinod Kumar Sinha, J.)
Rakhi
U T
1 issue framed by the court
Whether bail should be granted to the petitioner considering the concluding stage of the trial and delay in judicial proceedings.
Kunj Bihari Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
