Bench denied bail to the petitioner in a criminal matter due to insufficient material, directing the lower court to expedite trial within six months.
Direction to lower court to expedite trial within six months; ordered release 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.27237 of 2020
Arising Out of PS. Case No.-97 Year-2019 Thana- PARSAUNI District- Sitamarhi
======================================================
Harsh Kumar @ Jay Prakash Singh S/o Jitendra Singh Resident of VillageBalaha, P.S.-Parsauni, District-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 06-01-2021
Heard learned counsel for the petitioner. No one
appears on behalf of the State. The name of the Advocate General is appearing in the cause list.
Considering the material available on record, the Court is not inclined to grant bail to the petitioner. However, the court below is directed to expedite the trial and conclude the same within a period of six months from the date of receipt/production of a copy of this order.
The Superintendent of Police, Sitamarhi is directed to ensure examination of all the witnesses at the earliest so that the trial may be expedited.
In the event, the trial is not concluded within the time frame, the court below shall release the petitioner on appropriate
Patna High Court CR. MISC. No.27237 of 2020(3) dt.06-01-2021 2/2
terms and condition and submit failure report to the Registrar,
Vigilance for appropriate action.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the pending criminal trial despite lack of state representation?
How to ensure expedited trial and release of the petitioner if trial is not concluded within six months?
Harsh Kumar @ Jay Prakash Singh
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
