Granted bail prayer refused for a petitioner in custody accused of murder. Court held trial of the offence under IPC 302/34 and Arms Act 27 is proceeding and directed trial court to expedite trial within nine months.
Prayer for bail refused; Trial Court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13614 of 2019
Arising Out of PS. Case No.-97 Year-2018 Thana- SIKRAUL District- Buxar
======================================================
Lalji Singh Son of Late Hari Saran Singh Resident of Village- Gopepur, P.O.Girdharpur, Police Station- Sikroul in the district of Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Mr.Madhuri Lata ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 10-05-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Sikroul P.S. Case No. 97 of 2018.
According to FIR, the petitioner and co-accused Biranjan Singh fired at the brother of the informant as a result whereby he died.
Submission of learned counsel for the petitioner is that petitioner is in custody since 31.10.2018. Besides the informant there is no other eyewitness of the occurrence; rather some villagers have stated before the police that due to previous enmity between the parties arising out of murder of the father of petitioner wherein the informant and others are accused, the false case has been lodged.
Patna High Court CR. MISC. No.13614 of 2019(3) dt.10-05-2019 2/2
Learned counsel for the informant submits that the trial of
the case is going on.
Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail for the present. Hence, the prayer for bail is refused. The trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer for bail before the trial judge itself.
(Birendra Kumar, J)
Mkr./- U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail for offences punishable under Section 302/34 IPC and Section 27 of the Arms Act.
Whether the trial court should expedite the trial in the present case.
2 provisions across 2 enactments
Lalji Singh
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
