Hon'ble Single Judge, High Court of Judicature at Patna, rejected bail prayer of petitioner accused of murder under Sections 302, 304(B) IPC, but allowed renewal of prayer after six months if trial is not concluded.
Bail prayer rejected; liberty to renew prayer after six months if trial not concluded.
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.26164 of 2020
Arising Out of PS. Case No.-120 Year-2019 Thana- BALIYA District- Begusarai
======================================================
TINKU KUMAR @ TINKU MAHTON @ TINKU KUMAR MAHTON S/o Umesh Mahton Resident of Village-Kamalpur Diyara, P.S.-Balia, DistrictBegusarai. ... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.S.K. Lal, Advocate For the Opposite Party/s : Mr.Uma Nath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
State.
The petitioner is in custody in connection with Balia P.S. Case No. 120 of 2019 for the offences under Sections 302,304(B) and 34 IPC.
Considering the materials available on the record,
the Court is not inclined to grant bail to the petitioner. The prayer is, accordingly, rejected for the present.
However, if the trial is not concluded within six
months from today and the delay is not attributed to the petitioner, the petitioner shall be at liberty to renew his prayer for bail after six months.
(Anil Kumar Upadhyay, J)
spandey/- U T
2 issues framed by the court
Whether bail be granted to the petitioner accused of murder.
Whether the petitioner is at liberty to renew prayer for bail after six months.
Tinku Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
