Petitioner sought bail in murder case after chartering in custody over a year and a half. High Court held no fresh grounds emerged to reconsider prior rejection and rejected the application.
Bail application rejected; petitioner ordered to remain in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19798 of 2021
Arising Out of PS. Case No.-439 Year-2019 Thana- GORAUL District- Vaishali
MANOJ KUMAR Son of Bhola Prasad Resident of Village- Enayatnagar, P.S.- Goraul, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Bhardwaj, Adv. For the Opposite Party/s : Mr.A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 08-09-2021
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Goraul P.S. Case No. 439 of 2019 for the offence under Sections 302 of the Indian Penal Code.
Earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 15.06.2020 passed in Cr. Misc. No. 15189 of 2020.
Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 24.11.2019 i.e. more than one and half years and there is no substantial progress in the trial.
A report was called for and the same has been
Patna High Court CR. MISC. No.19798 of 2021(4) dt.08-09-2021 2/2
received. From perusal of the same, it appears that charge has been framed against the accused Manoj Kumar on 25.08.2021.
Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of this petitioner has been rejected on merit and now no fresh ground is made out for reconsideration of the prayer of the petitioner.
Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal miscellaneous application is rejected.
(Arvind Srivastava, J)
Brajesh/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner facing charges under Section 302 IPC considering the delay in trial and previous rejection of bail.
1 provisions across 1 enactments
Manoj Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
