In an appeal against the refusal of regular bail, the Patna High Court dismissed the application. The court observed that the trial was at the final stage of arguments, rendering the bail plea purposeless, and disposed of the appeal accordingly.
Relief dismissed; application for bail disposed of as the trial reached finality.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.713 of 2022
Arising Out of PS. Case No.-81 Year-2021 Thana- BUXAR MUFFSIL District- Buxar
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Rahul Kumar Rajbhar @ Rahul Rajbhar, S/o Sriman Narayan Rajbhar, Resident of Village - Dhudhani, P.S. Buxar (M), District - Buxar.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Bachanjee Ojha, Advocate For the Respondent/s : Mr.Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 18-05-2022 Heard learned counsel for the appellant as well as the learned Special P.P. for the State.
The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes Act against the refusal of his prayer for regular bail, vide order dated 19.01.2022 passed by the learned Additional District & Sessions Judge-Ist-cum Special Court SC/ST, Buxar, in connection with SC/ST Case No.27 of 2021, arising out of Buxar(M) P.S. Case No.81 of 2021 instituted for the offence under Section 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act and also for setting aside the aforesaid order dated 19.01.2022.
Patna High Court CR. APP (SJ) No.713 of 2022(4) dt.18-05-2022 2/2
Admitted position is that the trial has reached its finality and is now on the stage of arguments. In view thereof, Counsel fairly submits that there is no purpose to be served by pressing this application for bail.
The application is disposed of accordingly.
(Madhuresh Prasad, J)
PNM
U T
2 issues framed by the court
Whether an appeal for regular bail should be disposed of when the trial has reached its finality stage.
Whether the court should exercise jurisdiction to grant bail after trial proceedings are concluded.
3 provisions across 2 enactments
Rahul Kumar Rajbhar @ Rahul Rajbhar
The State of Bihar
Premchand Ram @ Ram Chandra Ram
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
