Petitioner sought bail in a murder case. Trial progressed with most witnesses examined. High Court refused bail and directed trial court to conclude trial within three months.
Bail rejected; trial directed to be concluded within three 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.44586 of 2019
Arising Out of PS. Case No.-286 Year-2017 Thana- BIHARIGANJ District- Madhepura
======================================================
BAGESHWAR YADAV Son of Late Bijendra Yadav Resident of Village - Pakilpur, P.S.- Bihariganj, Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Opposite Party/s : Mr.Atul Chandra ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 14-08-2019
Heard learned counsel for the petitioner and the
learned Addl. P.P. for the State.
The petitioner seeks bail in Bihariganj P.S. Case No. 286/2017, instituted for offence under Sections 302, 34 of the IPC read with Section 27 of Arms Act.
Earlier prayer for bail of petitioner was rejected by this Court vide order dated 25.09.2018 passed in Cr. Misc. No. 41982/2018 with liberty to renew prayer for bail after six months if no substantive progress is made in trial.
It is alleged in the written report that on the date of occurrence, petitioner along with 15 other accused persons brutally killed the husband of informant Chhabilal Yadav. It is alleged that informant begged to free her husband but the accused persons including petitioner assaulted her husband
Patna High Court CR. MISC. No.44586 of 2019(3) dt.14-08-2019 2/2
indiscriminately on account of which he died.
Report from the court below regarding present stage of trial has been received from which it appears that out of 7 witnesses 5 witnesses have already been examined. Informant and one another witness are yet to be examined.
From the report it appears that trial has sufficiently progressed.
In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.
Petitioner is in custody since 30.01.2018.
The trial court is directed to expedite the trial and make efforts to conclude the same within a period of three months from the date of receipt/production of copy of this order.
(Sanjay Priya, J)
rakhi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner at the present stage of trial.
Whether the trial court should expedite the proceedings in the present case.
1 provisions across 1 enactments
Bageshwar Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
