This bail application by the petitioner in a Section 302 IPC case was rejected. The court noted the trial would conclude within nine months but denied bail due to the nature of the accusation, directing courts and authorities to expedite the proceedings.
None. Bail is rejected. Trial to be concluded within nine months.
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.29656 of 2020
Arising Out of PS. Case No.-57 Year-2012 Thana- BELHAR District- Banka
======================================================
UMESH YADAV S/o Late Tilak Yadav Resident of Dolbandh, P.S.-Belhar, District-Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate Mr. Jitendra Narain Sinha, Advocate For the State : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 10-02-2021
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in Sessions Trial No.1101 of 2012 arising out of Belhar P.S. case No.57 of 2012 registered under Sections 147, 148, 149, 448, 302 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional Sessions Judge 1st , Banka.
The earlier bail application of the petitioner was rejected vide Annexure 1 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 reported that out of fifteen prosecution witnesses five prosecution witnesses have already been examined and the trial
Patna High Court CR. MISC. No.29656 of 2020(3) dt.10-02-2021 2/2
is likely to be concluded within a period of nine 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 nine months from the date of receipt/production of a copy of this order.
The District Magistrate, Banka and the Superintendent of Police, Banka are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Banka and the Superintendent of Police, Banka.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in raids-murder and harbouring charges where the trial is nearing conclusion.
Whether the Special Public Prosecutor's view that the petitioner is the assailant necessitates rejection of bail.
Umesh Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
