The High Court rejected the petitioner's prayer for regular bail in a murder case pending in the Sessions Court. The court directed the trial court to conclude the trial expeditiously 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.51584 of 2019
Arising Out of PS. Case No.-61 Year-2018 Thana- PRANPUR District- Katihar
======================================================
BALRAM PASWAN, Son of Late Khudiram Paswan, Resident of Village - Nathnagar, P.S.- Pranpur, District - Katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Prasad Singh, Adv. For the Opposite Party/s : Mr. J. N. Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
5 19-02-2020
Heard learned counsels for the petitioner and learned
APP for the State.
The petitioner is languishing in custody since 29.05.2018 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The accusation is of brutally assaulting the husband of the informant, as a result, he died in course of treatment.
Perused the report of learned ADJ-III, Katihar dated 04.02.2020 and the report of the Superintendent of Police, Katihar, dated 14.02.2020 which reflect that the prosecution evidence has been closed and the statement of the accused persons under Section 313 of the Cr. P.C. has been recorded.
Patna High Court CR. MISC. No.51584 of 2019(5) dt.19-02-2020 2/2
It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled against the petitioner and others.
Learned APP for the State submits that the petitioner along with co-accused assaulted the husband of the informant with khanti and bamboo indiscriminately, as a result, he died in course of treatment.
Since the trial is on the verge of conclusion, this Court is not inclined to revise the earlier order to grant bail to the petitioner.
Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No. 340 of 2018, arising out of Pranpur P.S. Case No. 61 of 2018 , pending in the Court of learned ADJ-III, Katihar is rejected .
However, it is expected from the learned trial Court to conclude the trial expeditiously, preferably within a period of three months.
Ashwini/-
U T
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case where the trial is nearing conclusion despite a prior interim grant.
BALRAM PASWAN
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
