The petitioner applied for regular bail in a murder case alleging false implication. The trial was near conclusion with seven witnesses examined. The bail application was rejected as the trial stage did not warrant release.
Petitioner's application for regular bail rejected; trial directed to be expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15812 of 2021
Arising Out of PS. Case No.-192 Year-2020 Thana- NARDIGANJ District- Nawada
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SANTOSH CHOUDHARY S/o Gorelal Choudhary Resident of VillageBhadour, P.S.- Nardiganj, District- Nawada.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash, Adv. For the Informant : Mr. Birendra Kumar, Adv. For the State : Mr. Gauri Shankar Gupta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 21-09-2021
Heard learned counsel for the parties through video
conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 147, 148 and 149 of the Indian Penal Code.
As per the prosecution case, the ten named accused persons including the petitioner herein came variously armed, surrounded the son of the informant and assaulted him brutally leading to his death.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The main allegations are against Mithilesh Choudhary and Gorelal Choudhary of having caused grievous injury. The petitioner is in custody since 7.9.2020 and has no criminal antecedent.
Patna High Court CR. MISC. No.15812 of 2021(4) dt.21-09-2021 2/2
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for bail submitting that the trial in the learned trial court is near conclusion.
In reply, it is submitted by learned counsel for the petitioner that he shall cooperate and remain physically present on each date of the trial.
A report was called for with respect to the stage of the trial from the learned trial court. As per the report received contained in letter dated 24.8.2021 of the Additional District and Sessions Judge III, Nawada, 7 out of the 8 prosecution witnesses have been examined. Only Sub Inspector of Police Mohan Kumar remains to be examined.
Having heard learned counsel for the parties and taking into consideration the contentions of the parties together with the report received from the learned trial court from which it transpires that the trial is near conclusion, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/- U T
3 issues framed by the court
Whether the petitioner should be granted bail in a murder case where the trial is near conclusion.
Whether the stage of trial warrants enlargement of the petitioner on bail.
Whether the petitioner can be convicted based on general and omnibus allegations.
1 provisions across 1 enactments
Santosh Choudhary
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
