High Court heard a bail application for offenses under IPC. Trial court report noted four witnesses to be examined. Court rejected bail considering nature of accusation and trial stage, directing trial conclusion within six months.
Bail application rejected; trial to be concluded within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15859 of 2021
Arising Out of PS. Case No.-84 Year-2019 Thana- KOPA District- Saran
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SHAMSHER SHAH @ SHAMSHER ALI Son of Abbas Shah R/o VillageAnwal, P.S.- Kopa, District- Saran, Chapra.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 08-09-2021
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner seeks bail in connection with S.Tr. No.556 of 2019 arising out of Kopa P.S. case No.84 of 2019 registered under Sections 147, 148, 149, 323, 324, 307, 302, 504 of the Indian Penal Code, pending in the court of Additional District and Sessions Judge 12th , Saran at Chapra.
The earlier bail application of the petitioner was rejected vide Annexure 2 to the present application taking into account that the petitioner is the assailant.
A report was called for from the trial court. It has been
Patna High Court CR. MISC. No.15859 of 2021(3) dt.08-09-2021 2/2
reported that four witnesses are still to be examined by the prosecution and the trial is expected to be concluded within a period of six months.
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 six months from the date of receipt/production of a copy of this order.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the present bail application.
Whether the impugned order rejecting bail was modified or allowed to stand.
1 provisions across 1 enactments
SHAMSHER SHAH @ SHAMSHER ALI
THE STATE OF BIHAR
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
