Petitioner sought bail in a case involving murder and arms offences. Bail was rejected considering safety and prior rejection. Trial court directed to conclude trial within one year.
Bail prayer rejected; trial concluded within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62918 of 2019
Arising Out of PS. Case No.-44 Year-2012 Thana- BARH District- Patna
======================================================
BIJLI SAW @ SUMANT KUMAR Son of Late Shiv Shankar Saw Resident of Village - Manjhila Bigha, P.S.- Pandarak, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Lakshmi Kant Sharma For the Opposite Party/s : Mr.Pranav Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 04-12-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner filed supplementary affidavit. Let the same be kept on record.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.
Learned counsel for the petitioner submits that the petitioner’s bail was earlier rejected by a Bench of this Court vide order dated 08.03.2019 passed in Cr. Misc. No. 77337 of 2018 with a direction to expedite the trial. Report was also called for. Non-bailable warrant has also been issued against the others co-accused person.
Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.62918 of 2019(4) dt.04-12-2019 2/2
petitioner is in custody since 28.05.2018.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Barh P.S. Case No. 44 of 2012 from the Court of the learned Additional Chief Judicial Magistrate, Barh.
Accordingly, the application is dismissed. However, the Trial Court is directed to conclude the trial within one year.
(Anjani Kumar Sharan, J)
kamlesh/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail pending the conclusion of trials for offences under Sections 302/34 IPC and Arms Act.
Whether the trial court should be directed to expedite the trial.
Bijli Saw @ Sumant Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
