In a bail application under Sections 304B and 201/34 IPC, the Patna High Court rejected the petitioner's prayer, directing the trial to proceed day-to-day and conclude by September 30, 2019, without unnecessary adjournments.
Bail rejected; trial directed to conclude by September 30, 2019, without unnecessary adjournments.
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.23401 of 2019
Arising Out of PS. Case No.-257 Year-2017 Thana- PALIGANJ District- Patna
======================================================
JANARDAN BHAGAT @ CHHOTU Son of Sri Nath Bhagat Resident of Village- Milki, P.S.- Paliganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate Mr.Sanjeeb Kumar Sanju, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP For the Informant : Mr. Sudhir Kumar Singh, Advocate Mr. Ashok Kumar Sinha, Advocate. ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 25-04-2019
Heard learned counsel for the petitioner and learned
counsel for the State.
Learned counsel for the Informant is also present.
The petitioner being the husband is in custody since 25.10.2017 in connection with S.T. No. 361 of 2018 arising out of Paliganj P.S. Case No. 257 of 2017 for the offence registered under Sections 304B, 201/34 of the Indian Penal Code.
Learned counsel for the petitioner seeks to renew his prayer for bail in view of the fact that the petitioner has already been in custody since 25.10.2017 in connection with the present case and the trial is not likely to conclude shortly. It is further submitted that out of six witnesses who have appeared till date
Patna High Court CR. MISC. No.23401 of 2019(3) dt.25-04-2019 2/2
three of the witnesses have not supported the prosecution case.
Learned counsel for the Informant, however, submits
that the trial has progressed substantially and it is only because the other co-accused persons not appearing in the case that the trial of the case with regard to other co-accused persons has been tagged along with this case and, therefore, the case is now proceeding at a sluggish pace. He thus, submits that the petitioner may not be extended the privilege of bail as it will further linger the trial.
Having considered the entire facts and circumstances of the case and in view of the fact that many of the witnesses have already been examined, while rejecting the prayer for bail once again, this Court directs that the trial of the case must ensue on a day-to-day basis without granting any unnecessary adjournments to the accused or the prosecution. It is further directed that the aforementioned trial must conclude positively by the 30th of September, 2019.
Jagdish/-
U T
(Anjana Mishra, J)
2 issues framed by the court
Whether the prayer for bail should be renewed given the duration of custody and trial progress.
Whether the trial can conclude without unnecessary adjournments to ensure timely resolution.
Janardan Bhagat @ Chhotu
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
