The Patna High Court rejected the bail application of the petitioner, who was charged with murder and attempting to cause hurt involving direct firing allegations. The court directed the trial court to expedite the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14684 of 2019
Arising Out of PS. Case No.-161 Year-2017 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
SANTOSH KUMAR TIWARI @ LANGRA @ SANTOSH TIWARY, aged about 34 years, (M) S/o Jaleshwar Tiwari Resident of Village-Karpaliya, P.S.Goreya Kothi, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
5 17-04-2019 Heard learned counsel for the parties.
Petitioner seeks bail in G.B. Nagar P.S. Case No. 161 of 2017 registered for the offence punishable under Sections 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act and later on Section 302 of IPC has been added.
Petitioner has earlier moved this Court for bail in Cr. Misc. No. 28582 of 2018 which was rejected on 05.09.2018, as contained in Annexure-1 of the petition.
Considering direct allegation against petitioner of firing upon the informant (deceased), I am not inclined to enlarge the petitioner on bail at this stage, hence, the prayer for bail of the petitioner is hereby rejected.
Patna High Court CR. MISC. No.14684 of 2019(5) dt.17-04-2019 2/2
However, trial court is directed to expedite the trial
and conclude the same within one year from date of receipt/production of this order.
(S. Kumar, J)
manoj/-
U
2 issues framed by the court
Whether the petitioner is entitled to bail in an offence involving direct allegation of firing upon a deceased informant.
Whether the trial should be expedited and concluded with a specific timeline.
Santosh Kumar Tiwari @ Langra @ Santosh Tiwary
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
