Single judge oral order rejecting bail application under Section 439 CrPC (implied) in a murder case. Court declined bail due to nature of accusation and case stage, directing trial conclusion within nine months.
Bail application rejected; trial to conclude within nine 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.1601 of 2020
Arising Out of PS. Case No.-218 Year-2009 Thana- MUNGER MUFFASIL District- Munger
======================================================
SADHU YADAV Son of Maniklal Yadav Resident of Shankarpur Nawada, P.S.- Muffasil, Distt- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamal Kishore Jha For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 10-06-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in S.T. No.314 of 2016 arising out of Muffasil P.S. case No.218 of 2009 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional Sessions Judge Ivth, Munger.
The earlier bail application of the petitioner was rejected vide Annexure 1 series to the present application taking into account that there is specific allegation against the
Patna High Court CR. MISC. No.1601 of 2020(3) dt.10-06-2020 2/2
petitioner for firing upon the deceased.
A report was called for from the trial court regarding
the stage of the case. Same is kept at Flag ‘A’.
Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.
The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder and possession of an arms license alleging firing upon the deceased.
2 provisions across 2 enactments
Sadhu Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
