The Patna High Court rejected a bail prayer for an accused charged with punishable offences after finding no fresh grounds. The Court directed the Trial Court to complete the trial within six months, allowing the petitioner to seek bail again if the deadline is missed.
Bail prayer rejected; Trial Court directed to expedite trial within 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.4191 of 2021
Arising Out of PS. Case No.-313 Year-2019 Thana- RAJIVNAGAR District- Patna
======================================================
SHIPU KUMAR son of Sri Nirmal Choudhary PERMANENT ADDRESSDAHIYAWAN BRAHMAN TOLI, BEHIND OF SIYA MAXZID, P.S. TOWN, DISTRICT-SARAN AT PRESENT ADDRESS-KURJI BALU PAR, VIKAH NAGAR, RENTER OF KRISHNA SINGH HOUSE, P.S.-DIGHA, DISTRICT-PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Kumar, Adv. For the Opposite Party/s : Mr. Pranav Kumar,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 17-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is an accused in connection with S.Tr. No. 1054 of 2019 arising out of Rajiv Nagar P.S. Case No. 313 of 2019 for the offence registered under Sections 395, 397 and 412 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 29.02.2020 passed in Cr. Misc. No. 12421 of 2020. Petitioner is in custody since 01.07.2019.
Learned counsel for the State opposes the prayer for bail and submits that there is no fresh ground to enlarge the
Patna High Court CR. MISC. No.4191 of 2021(4) dt.17-03-2021 2/2
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, 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
3 issues framed by the court
Whether bail should be granted to the petitioner who was denied bail earlier and whose fresh ground was found lacking.
Whether the Trial Court should be directed to expedite the trial.
Whether the petitioner can renew the bail prayer after a specified period of expedited trial.
1 provisions across 1 enactments
Shipu Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
