On 07-08-2018, the Patna High Court rejected a plea for regular bail in a murder/assault-to-death case. The court held that the injury inflicted by the petitioner resulted in death and denied bail, directing that the trial be completed within nine months.
Bail plea rejected; trial directed to be completed within nine months.
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.33671 of 2018
Arising Out of PS.Case No. -254 Year- 2016 Thana -DHANARUA District- PATNA
====================================================== Bittu Kumar @ Bittu Singh Son of Binay Singh @ Binay Kumar Resident of Village- Nadwan, P.S. Dhanarua, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
4 07-08-2018 Heard learned counsel for the petitioner and learned
counsel for the State.
Learned counsel for the informant is also present. Learned counsel for the petitioner submits that though there is allegation against the petitioner in connection with the present case, the story as made out in the first information report is not credible. The petitioner may be extended the privilege of bail.
Learned counsel for the informant, however, opposes the prayer for bail and submits that the allegation against the petitioner is that he had assaulted the deceased repeatedly which led to injuries, resulting in death. It is further submitted that earlier also the petitioner had given threatening to the deceased and had coerced the deceased to withdraw the said case of Rangdari. Thereafter, the present occurrence has given effect to.
Diary of the present case was called for which has
Patna High Court Cr.Misc. No.33671 of 2018 (4) dt.07-08-2018
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since been received.
Learned counsel for the State submits that there is ample material in the case diary so as to implicate the petitioner in connection with the present case, as the injuries caused by the petitioner have led to death of the deceased, Shyam Sundar Prasad, who was the informant of the present case.
In view of the aforesaid facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.
The trial of the case is, however, directed to be expedited and be completed within a period of nine (9) months from today.
(Anjana Mishra, J)
Jagdish/-
U T
Bittu Kumar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
