The Patna High Court, in a criminal miscellaneous matter arising from a case of alleged firing causing death, refused the petitioner's prayer for bail. The Court directed the trial court to expedite the proceedings and dismissed the bail application.
Bail application dismissed; trial court directed 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.28903 of 2019
Arising Out of PS. Case No.-14 Year-2018 Thana- BAKHARI District- Begusarai
======================================================
BINAY SAH, Son of Laxmi Narayan Shah @ Laxmi Sah Resident of VillageParihra, P.S-Bakhri, District-Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr.Abhinay Raj For the Opposite Party/s : Mr.Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 08-05-2019 Earlier prayer for bail of the petitioner was rejected by
this Court vide order dated 7.9.2018 passed in Cr.Misc.No.45208 of 2018. Allegation against the petitioner is of firing on the deceased and causing his death.
Submission of learned counsel for the petitioner is that he is in custody for more than one year and there is no substantive progress in the trial. On the other hand, learned counsel for the informant has submitted that charge has been framed in this case and there is direct allegation against the petitioner of firing and the case is pending for evidence.
Heard learned APP also.
Considering the facts and circumstances, I am not inclined to grant bail to the petitioner.
However, learned trial court is directed to expedite the
Patna High Court CR. MISC. No.28903 of 2019(2) dt.08-05-2019 2/2
trial.
With the above observation, this application is
dismissed.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a charge of firing on a deceased.
Whether the trial should be expedited despite a bail order being dismissed.
Binay Sah
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
