The court rejected the petitioner's bail application in a murder and arms case. Despite imprisonment for over six years, the court found no grounds to release him. It directed the trial court to expedite the proceedings within a month.
Bail application rejected; trial court directed to conclude trial within one month.
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.45020 of 2018
Arising Out of PS.Case No. -148 Year- 2012 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR
====================================================== Chhotan Yadav, son of Sikandar Yadav, resident of Mohalla-Sahebganj Navtoliya, P.S. Kotwali (University), District Bhagalpur
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
4 26-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioner is said to be assailant and earlier his prayer for bail was rejected several times by this court.
The learned trial court has reported that case of the petitioner is pending for argument.
Learned counsel for the petitioner submits that the petitioner is in jail custody for more than six years but considering the stage of trial of the petitioner as well as allegation levelled against him, I am not inclined to release him on bail and
Patna High Court Cr.Misc. No.45020 of 2018 (4) dt.26-09-2018
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accordingly, his prayer for bail in connection with Kotwali (University) P. S. Case No. 148 of 2012 corresponding to Sessions Trial No. 1304 of 2012 pending in the court of Additional Sessions Judge-1st , Bhagalpur is again rejected.
However, the learned trial court is directed to dispose of trial of the petitioner within a month from the date of receipt/production of a copy of this order.
(Hemant Kumar Srivastava, J)
SHAHZAD/-Rajeev
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
2 provisions across 2 enactments
Chhotan Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
