In a bail renewal application, the Patna High Court, relying on the Additional Session Judge's report indicating trial progress, rejected the prayer despite the petitioner's claim of excessive custody, while directing the trial court to expedite proceedings.
Prayer for bail renewal rejected; trial 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15568 of 2019
Arising Out of PS. Case No.-38 Year-2018 Thana- LAKHISARAI District- Lakhisarai
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Awadhesh Bind, son of Late Ghatim Bind @ Late Narayan Bind, Resident of Village - Khagaur, P.S.- and P.O - Lakhisarai, Distt - Lakhisarai -811310
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Rajendra Narain, Senior Advocate For the S t a t e : Mr. Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 24-04-2019 Heard Mr. Rajendra Narain, learned Senior Counsel
appearing for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner seeks to renew his prayer for bail in connection with Lakhisarai P.S. Case No.38 of 2018 corresponding to Sessions Trial No.130 of 2018 in view of the length of custody already undergone by him. He submits that the trial has just progressed and the charge has been framed on 03.04.2019 and the witnesses have not yet been examined.
A report was called from the court of Additional Session Judge-I-cum-Special Judge, Lakhisarai which is marked at Flag-A.
From the said report, it appears that the charge has been framed on 03.04.2019 and the court has sought for six
Patna High Court CR. MISC. No.15568 of 2019(3) dt.24-04-2019 2/2
months’ time to conclude the trial.
In view of the positive indication given by the trial court and the seriousness of the charge as against the petitioner, the prayer for bail is again rejected.
However, the trial court should take appropriate steps to expedite the trial so that the same is concluded within the aforementioned period.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner's prayer for bail renewal in view of the length of custody should be allowed considering the trial stage.
Awadhesh Bind
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
