In an oral order, the Patna High Court declined to grant bail to the petitioner in a case involving Sections 395 and 397 IPC. The court noted the advanced stage of trial and issued warrants against an informant, rejecting the bail plea but directing expedited trial.
Bail application dismissed; trial court directed to expedite trial.
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.39898 of 2020
Arising Out of PS. Case No.-242 Year-2015 Thana- LAHERIMUHALLA District- Nalanda
======================================================
MEGHAN PASWAN Son of Nirgun Paswan Resident of Village-Gulab Bigha, P.S.- Nalanda, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 22-03-2021
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 395/397 of the Indian Penal Code.
Vide order dated 20.02.2021, status report of Sessions Trial No. 274 of 2017 arising out of Laheri P.S. Case No. 242 of 2015 was called for from the Court of the learned Sessions Judge-VII, Nalanda at Biharsharif. Status report has been received and kept at Flag-A in which it is stated that all six charge-sheet witnesses have been examined. In charge-sheet, informant was not made witness, for which prosecution filed a petition to examine informant in this case. Thereafter, summon was issued, the bailable warrant and now non-bailable warrant has also been issued against the informant.
Patna High Court CR. MISC. No.39898 of 2020(3) dt.22-03-2021 2/2
Considering the present stage of trial, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Sessions Trial No. 274 of 2017 arising out of Laheri P.S. Case No. 242 of 2015 pending before the court of the learned Sessions Judge-VII, Nalanda at Biharsharif.
Accordingly, the application is dismissed. However, Trial Court is directed to expedite the trial.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail at the current stage of trial where non-bailable warrants have been issued.
Whether the trial court should be directed to expedite the proceedings.
1 provisions across 1 enactments
Meghan Paswan
The State of Bihar
Anjani Kumar Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
