This order addresses a bail application in a Sessions trial for murder and illegal possession of arms. The High Court rejected the bail prayer due to serious allegations but directed the trial court to conclude the trial within six months.
Prayer for bail rejected; direction to Trial Court to conclude trial within six months.
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.43530 of 2019
Arising Out of PS. Case No.-488 Year-2015 Thana- DHANARUA District- Patna
======================================================
LOHA SINGH Son of Brijlala @ Bigan Yadav @ Vijay Kant Singh @ Bigan Resident of Village - Oriyara, P.S.- Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 24-09-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Sessions Trial No. 723 of 2016 arising out of Dhanarua P.S. Case No. 488 of 2015 registered under sections 302 of the I.P.C. and 27 of the Arms Act pending in the Court of Additional Sessions Judge-X, Patna.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no concern with the alleged occurrence. Further submission is that petitioner is in custody since 11.12.2015.
Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending
Patna High Court CR. MISC. No.43530 of 2019(3) dt.24-09-2019 2/2
that in the first information report, there is direct allegation against the petitioner of firing at the chest of the deceased, as a result of which, he died. Hence, the petitioner does not deserve privilege of bail.
Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.
However, learned Trial Court is directed to concluded the trial within a period of six months.
(Arvind Srivastava, J)
shailendra/-
2 issues framed by the court
Whether bail should be granted to the petitioner accused under Section 302 IPC who has been in custody since December 2015.
Whether the trial court should be directed to conclude the trial within a specified period.
Loha Singh
State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
