In a criminal bail application, the Patna High Court rejected the petitioner's prayer for bail, noting his absconded status and substantiated allegations. The court directed the lower court to expedite the trial.
Bail prayer rejected; lower court directed to expedite trial.
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.
Patna High Court Cr.Misc. No.39407 of 2018 (04) dt.05-09-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39407 of 2018
Arising Out of PS.Case No. -194 Year- 2012 Thana -MANSI District- KHAGARIA
====================================================== 1. Awadh Yadav, S/o Radhe Yadav, R/o Vill.- Thatha, P.S.- Mansi, District- Khagaria.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha-Advocate For the Opposite Party/s : Mr. Dashrath Mehta-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
04 05-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant, who is also an injured, had alleged that in the background of long standing animosity, Kailash Yadav, Krishna Yadav, Awadh Yadav (Petitioner), Ram Vinay Yadav and Bilas Yadav armed variously intercepted his son Biral Yadav near the house of Naresh Yadav and pumped bullet causing his instantaneous death. During course of post mortem, four injuries have been found over the dead body.
It has been submitted on behalf of learned counsel for the petitioner that he has been remanded in this case and since 20.09.2016, he is under custody. It has also been submitted that Paras-9, 10, 34, 44, 53, 77 are the statement of the witnesses, who
Patna High Court Cr.Misc. No.39407 of 2018 (04) dt.05-09-2018
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are hearsay. It has further been submitted that up-till-now charge has not been framed.
On the other hand, learned Additional Public Prosecutor opposed the prayer.
Apart from manner of occurrence, duly substantiated by the witnesses found corroborated by the post mortem report, it is evident that the occurrence is of the dated 11.11.2012 and since thereafter, petitioner absconded and as per Para-3 of his petition, he indulged in so many criminal activities during the intervening period counting registration of five cases against him.
Accordingly, prayer for bail is rejected.
However, learned lower Court is directed to expedite
the trial.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
3 issues framed by the court
Whether the prayer for bail should be allowed considering the petitioner's absconded status and pending charges.
Whether the impugned remand order should be set aside or the trial expedited.
Whether there are grounds to reject the bail plea given the delay in framing charges.
AWADH YADAV
STATE OF BIHAR
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
