The Patna High Court refused a petition for regular bail in a Sessions trial punishable under sections 376 and 120B IPC. The court declined bail, directed the trial court to expedite proceedings, and noted significant delay in witness examination.
Prayer for regular bail is refused.
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.18759 of 2020
Arising Out of PS. Case No.-24 Year-2019 Thana- MALI District- Aurangabad
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Munna Kumar @ Munna Kumar Yadav aged about 23 years Son Of Pramod Yadav Resident Of Village- Majhouli (Rengania), P.S.- Mali, DistrictAurangabad.
... ... Petitioner Versus The State of Bihar .. Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Ravindra Kumar, Advocate For the Opposite Party : Mr.Umeshanand Pandit, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 07-06-2021
This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Sessions Trial No. 261 of 2019/Mali Police Station Case No. 24 of 2019, registered for the offences punishable under sections 376/120B and other sections of the Indian Penal Code.
Earlier prayer for bail of the petitioner was refused by this Court vide order dated 16.10. 2019, passed in Cr.Misc.No. 42960 of 2019. From the report of the court below dated 16.4.2021 it appears that charge was framed on 17.9.2019 and out of six prosecution witnesses, only two witnesses have been examined till date and for ensuring appearance of rest witnesses bailable warrant has already been issued.
Considering the nature of allegation and the progress of the trial, prayer for bail of the petitioner is refused.
As the petitioner is in custody since 2.5.2019, trial
Patna High Court CR. MISC. No.18759 of 2020(3) dt.07-06-2021 2/2
court is directed to expedite the trial and conclude the same as early as possible.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the prayer for regular bail should be allowed considering the nature of allegations and progress of the trial.
Munna Kumar @ Munna Kumar Yadav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
