Hon'le Court refused bail to the petitioner, an accused in murder and rioting cases. Directed trial court to conclude trial within the time fixed in a coordinate bench order.
Prayer for bail refused; Trial Court directed to conclude trial within time fixed in order dated 26.02.2019.
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.3575 of 2019
Arising Out of PS. Case No.-124 Year-2016 Thana- RAMGARHWA District- East
Champaran
======================================================
Sk. Neshar, S/o Late Sk. Md. Ayub Resident of village - Murgiya Tola, P.S. - Ramgarhwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
5 01-05-2019
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioner is in custody since 14.11.2017. He is one of the assailants of deceased Sk. Mazibullah.
Earlier this Court had refused prayer for bail on 26.06.2018 in Cr. Misc. No. 18927 of 2018 with direction to the trial Judge to expedite the trial. Thereafter on 26.02.2019, a Coordinate Bench of this Court refused prayer for bail to another assailant, namely, Sk. Sayed @ Bhulakar with direction to the trial Judge to conclude the trial within a period of one
Patna High Court CR. MISC. No.3575 of 2019(5) dt.01-05-2019 2/2
year. Sk. Sayed @ Bhulakar was in custody since 26.04.2018.
The trial court is directed to conclude the trial within
the time granted by order dated 26.02.2019 in Cr. Misc. No. 80676 of 2018.
With the aforesaid observation, prayer for bail is
refused.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in an offence involving murder.
Whether the direction to expedite the trial satisfies the requirements for bail under the relevant case law.
2 provisions across 2 enactments
Sk. Neshar
The State of Bihar
BIRENDRRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
