In a bail petition arising from a murder and rioting FIR, the High Court declined to grant privilege of bail, noting the trial was at the argument stage with an expected conclusion within three months. The petitioner is permitted to renew the prayer later.
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.39036 of 2018
Arising Out of PS.Case No. -198 Year- 2015 Thana -MANSI District- KHAGARIA
====================================================== Pappu Yadav, Son of Shashi Yadav, Resident of Village- Thatha, P.S.Mansi, District- Khagaria.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
4 12-09-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
This is the second round of litigation. Earlier bail of the petitioner was rejected vide order dated 15.09.2017 passed in Cr. Misc. No. 35571 of 2017.
Petitioner is languishing in judicial custody since 09.07.2016 in connection with S.C. No. 355 of 2016 arising out of Mansi P.S. Case No. 198 of 2015 for offences punishable under Sections 302, 341, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation upon the petitioner is of firing on the informant’s brother Manoj Yadav (deceased) on the head along with co-accused and thereafter also firing another shot which hit the deceased
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on his back.
A report was called for from the court of the learned Additional Sessions Judge-1st , Khagaria, who has reported vide report dated 28.07.2018 that the matter is at argument stage and trial will be concluded within three months.
Under such circumstances, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with S.C. No. 355 of 2016 arising out of Mansi P.S. Case No. 198 of 2015, pending in the court of learned Additional Sessions Judge1st , Khagaria.
The application is, accordingly, rejected. However, petitioner is at liberty to renew his prayer for bail after three months, if trial is not concluded by that time.
It is expected that the petitioner will cooperate in the hearing of the trial and any adjournment would be brought to the notice of this Court by the informant, if need arises.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether bail should be granted to a petitioner whose trial is at the argument stage but not yet concluded.
Pappu Yadav
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
