The High Court at Patna heard a bail application by a petitioner charged with murder, attempt to murder, and firearms offences. Noting the case was at the charge-framing stage but the nature of allegations was serious, the court refused the bail prayer.
Prayer for bail is refused.
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.79022 of 2018
Arising Out of PS. Case No.-44 Year-2017 Thana- MAHESHKHUNT District- Khagaria
======================================================
Shivdani Yadav S/o Murli Yadav R/v-Baraitha, P.S-Gogari,Distt.-Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 15-05-2019
The petitioner is languishing in custody for the offences punishable under Sections 307/302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Maheshkhunt P.S. Case No. 44 of 2017.
Earlier prayer for bail was refused on 27.03.2018 in Cr. Misc. No.5292 of 2018.
Learned counsel for the informant is appearing in this case. He submits that after framing of the charges he would produce all the private witnesses of the occurrence within two months from the date of framing of the charges.
The report of the learned trial Judge would reveal that the trial is at the stage of charge. It is expected that the charges must be framed. After framing of the charges, the learned trial-court proceed
Patna High Court CR. MISC. No.79022 of 2018(4) dt.15-05-2019 2/2
with the trial day to day basis without allowing any adjournment to any of the parties. The order has been passed in presence of the learned counsel for the informant. Hence, no separate persuasion is needed besides legal formalities.
Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.
(Birendra Kumar, J)
Mkr./- U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail pending trial for offences under the Indian Penal Code and the Arms Act.
2 provisions across 2 enactments
Shivdani Yadav
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
