Dismissed

Sunny Rai @ Sunni Rai @ Sunni Gope @ Sunni Kumar Yadav @ Abdhesh Kumar v. the State of Bihar

Patna HC12 Apr 2021CR. MISC./2040/2020

Case brief

AI extract

What is this about?

This is an oral order in a bail application. The hon'ble Court refused to grant bail to the petitioner accused of murder even though the trial was at the verge of conclusion, noting the informant's objection and petitioner's antecedents. The Court directed the trial judge to expedite the examination of official witnesses.

What did the court decide?

Prayer for bail refused. Trial Judge directed to conclude trial at earliest by procuring attendance of official witnesses.

Sunny Rai @ Sunni Rai @ Sunni Gope @ Sunni Kumar… — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2040 of 2020

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Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna

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======================================================

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Sunny Rai @ Sunni Rai @ Sunni Gope @ Sunni Kumar Yadav @ Abdhesh Kumar Son of Nakat Rai @ Rajesh Gope Resident of Village - Digha Road, Patipul, P.S.- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar

=================== Appearance :	... ... Opposite Party/s ===================================
For the Petitioner/s : For the Opposite Party/s : For the Informant : ===================	Mr. Akhauri Kamal Kishore Sahay, Advocate Mr. Bharat Bhushan, APP Mr. Ashok Kumar, Advocate ===================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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7 12-04-2021 Heard the parties in virtual Court proceeding.

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The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with S.T. No.1015 of 2019, arising out of Digha P.S. Case No.130 of 2018.

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The petitioner is also one of the assailants of the deceased. Prayer for bail of some other co-accused have been refused by a coordinate Bench of this Court.

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Learned counsel for the informant opposed the prayer for bail and submits that all the private prosecution witnesses have already been examined and only official witnesses are yet to be examined. The petitioner has got criminal antecedents.

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Patna High Court CR. MISC. No.2040 of 2020(7) dt.12-04-2021 2/2

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Considering the fact that the trial is at the verge of conclusion, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail is refused. However, it is made clear that the petitioner is in custody since last more than two years, hence, the trial Judge is expected to take all necessary steps for procuring attendance of the official witnesses to conclude the trial at the earliest.

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(Birendra Kumar, J)

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Mkr./-

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U T

Sunny Rai @ Sunni Rai @ Sunni Gope @ Sunni Kumar Yadav @ Abdhesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sunny Rai @ Sunni Rai @ Sunni Gope @ Sunni Kumar Yadav @ Abdhesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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