The High Court rejected the petitioners renewed bail application in a case involving Sections 365, 366, and 506 of the IPC, noting five of eight prosecution witnesses had already been examined.
Bail rejected; 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.16946 of 2022
Arising Out of PS. Case No.-234 Year-2020 Thana- KARJA District- Muzaffarpur
======================================================
BINOD RAI Son of Daroga Rai Resident of village - Kandh Karja, P.S.Karja, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Rajpati,Advocate For the Opposite Party/s : Mr.Bharat Bhushan,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 23-11-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence under Sections 365,366 and 506 of IPC.
The petitioner, who is in custody since 07.09.2020, has renewed his prayer for bail in connection with Kajra P.S.Case No.234 of 2020 having earlier been rejected by order dated 13.01.2022 in Cr. Misc. No.22416 of 2021.
Learned counsel for the petitioner has filed supplementary affidavit on 16.11.2022 which reveals that all the private witnesses including the informant have been examined
Patna High Court CR. MISC. No.16946 of 2022(5) dt.23-11-2022 2/2
before the learned court below.
Vide order dated 11.05.2022 a report was called for with regard to the present status of the trial. The report dated 26.05.2022 reveals that out of eight chargesheet witnesses, five have already been examined before 26.05.2022 and only three prosecution witnesses are left to be examined.
Having heard learned counsel for the petitioner and in view of the report of the learned Trial Court, this Court sees no reason to take a different view in the matter. The bail petition stands rejected.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
2 issues framed by the court
Whether petitioners prayer for bail in the undermentioned proceedings ought to be allowed?
Whether the impugned order rejecting bail ought to be restored?
BINOD RAI
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
