In a bail application under Sections 304(B), 307, and 34 IPC, the High Court declined bail due to lack of fresh grounds. However, it directed the Trial Court to conclude the trial within six months, allowing bail renewal if extended.
Bail dismissed; Trial expedited within six months; Bail renewal allowed if trial delayed beyond six 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.33720 of 2020
Arising Out of PS. Case No.-192 Year-2019 Thana- BEUR District- Patna
======================================================
AMIT KUMAR @ AMIT S/o Dr. Ashok Kumar R/o Village-Dashratha, Bypass, P.S.-Beur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 17-03-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is an accused in connection with Beur P.S. Case No. 192 of 2019 for the offence registered under Sections 304(B), 307 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected on merit vide order dated 05.03.2010 passed in Cr. Misc. No. 76474 of 2019. Petitioner is in custody since 30.05.2019.
Learned counsel for the State opposes the prayer for bail and submits that there is no fresh ground to enlarge the petitioner on bail.
Having considered the entire facts and circumstances of the case, I am not inclined to grant bail to the petitioner. It is,
Patna High Court CR. MISC. No.33720 of 2020(5) dt.17-03-2021 2/2
accordingly, rejected.
However, the Trial Court is directed to expedite the trial within a period of six months. If the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail after six months.
(Arvind Srivastava, J)
Jagdish/-
U T
2 issues framed by the court
Whether bail should be granted to an accused in an offence under Sections 304(B), 307 and 34 of the Indian Penal Code given no fresh ground.
Whether the trial court should expeditiously conclude the trial within a fixed period.
Amit Kumar @ Amit
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
