In a criminal miscellaneous matter escalating an earlier rejected bail plea, this single-judge bench disposed of the application observing that the trial was nearly concluded as all witness examinations were done and only additional charge-sheet witnesses remained.
Disposal of the bail application with an order for the trial court to proceed expeditiously.
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.12332 of 2021
Arising Out of PS. Case No.-127 Year-2017 Thana- SANGRAMPUR District- Munger
======================================================
Jaldhar Ray, aged about 60 years, Gender- Male, S/o Sugdeo Ray @ Sukhdev Ray Resident of village- Dangra, P.S.- Sangrampur, Distt.- Munger
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Kumar Kamal Nayan, Adv. For the Opposite Party : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 02-02-2022
The matter has been listed today for consideration through Video Conferencing.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
The petitioner seeks bail in Sangrampur P. S. Case No. 127 of 2017 instituted for the offence punishable under Section(s) 302 and 201/34 of the Indian Penal Code.
Earlier, petitioner’s prayer for bail was rejected by this Court vide order dated 27.04.2018 passed in Cr. Misc. No. 17042 of 2018.
Patna High Court CR. MISC. No.12332 of 2021(4) dt.02-02-2022 2/2
This Court vide order dated 08.12.2021 had called for a report regarding stage of trial from the learned Trial Court. The same has been received and kept at Flag-’X’.
From perusal of the report, it appears that all the 13 charge-sheet witnesses have been examined.. The report was requisitioned, in view of the fact that the petitioner has renewed his prayer for grant of bail. The report from the learned Trial Court is evidence of the fact that additional charge sheet witnesses were remaining to be examined only.
In view of the aforesaid circumstances, the Court is of the opinion that the trial is on the verge of conclusion. The matter is, therefore, disposed of with an observation that the learned trial Court should proceed with the matter expeditiously, in accordance with law, without granting unnecessary adjournments or any undue delay.
The bail application stands disposed of.
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted in a murder case where the trial is on the verge of conclusion.
How to deal with a bail application submitted for the first time after a previous rejection on defects.
1 provisions across 1 enactments
Jaldhar Ray
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
