Rajendra Das v. The State Of Bihar
Case brief
What is this about?
User reading a High Court of Patna order rejecting bail for a petitioner involved in a theft/mischief case, noting prior rejections and linking to a co-accused's appeal. The court directs the lower court to expedite the trial.
What did the court decide?
Prayer for bail rejected; lower court directed to expedite trial.
What the court decided
A compact analysis
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.52953 of 2018 (02) dt.06-09-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52953 of 2018
Arising Out of PS.Case No. -129 Year- 2016 Thana -AMARPUR District- BANKA
====================================================== 1. Rajendra Das, S/o Late Champa Das @ Late Sanful Das, Residence of Village- Chhoti Jankipur, P.S.- Amarpur, Distt- Banka.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma-Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
02 06-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
It has been alleged at the end of the informant/ injured that in the night of 22.04.2016, after scaling the wall, petitioner along with Lakho Das came inside her house, lifted her and proceeded towards outside, whereupon she raised alarm. Being annoyed therewith, Lakho Das shot at. Prayer for bail of Lakho Das has been repeatedly rejected by this Court vide Cr. Misc. No.817 of 2017 as well as Cr. Misc. No.59203 of 2017. As is evident, he is now convict and Cr. Appeal (S.J.) No.1829 of 2018 has been filed at his behest. Presence of petitioner is found one and half year after the occurrence without any explanation.
Issues for consideration
3 issues framed by the court
Whether the petitioner's bail prayer should be allowed given the delayed appearance and involvement in linked criminal acts?
Whether the trial can be expedited to allow for renewal of bail if not concluded within a year?
Whether the petitioner's presence one and a half years after the occurrence warrants rejection of bail?
Parties & counsel
- petitioner
Rajendra Das
- respondent
The State of Bihar
Coram
Aditya Kumar Trivedi
Case details
As recorded by the court registry
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