Oral order refusing bail to the petitioner in a murder case under Section 302 IPC, where the petitioner was the son of the deceased and alleged to have participated in the assault leading to death.
Prayer for bail rejected; trial directed to be concluded within one year.
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.5085 of 2019
Arising Out of PS. Case No.-213 Year-2018 Thana- JHAJHA District- Jamui
======================================================
Rajendra Yadav S/o Sahdeo Yadav Resident of Village- Piruadih, Police Station- Jhajha, District Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case initially registered under Sections 341, 323, 307. 504/34 of the Indian Penal Code and later on, Section 302 of the IPC was also added.
The prosecution case, in brief, is that the petitioner along with his brother-in-law assaulted his father which led to death of the deceased.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-06-2018. Charge sheet has already been submitted. The petitioner has falsely been implicated in the present case. There is no other substantive
Patna High Court CR. MISC. No.5085 of 2019(3) dt.22-04-2019 2/2
evidence to suggest the implication of the petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner is son of the deceased. He along with his brother-in-law assaulted the deceased. The injury caused by the petitioner and other accused led to death of the deceased.
Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 266 of 2018 arising out of Jhajha P.S. Case No. 213 of 2018 is rejected.
The trial court is directed to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
A.K.V.//-
2 issues framed by the court
Whether the petitioner should be granted bail in a case pertaining to murder and culpable homicide.
Whether the trial court should expedite the criminal trial.
RAJENDRA YADAV
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
