Solemnly rejected bail application of petitioner in custody for robbing and narcotics offences, considering multiple pending criminal cases against him, while directing trial court to expedite proceedings.
Bail rejected; trial directed to be concluded at earliest.
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.17936 of 2022
Arising Out of PS. Case No.-51 Year-2021 Thana- MADHWAPUR District- Madhubani
======================================================
Pramod Raut @ Pramod Kumar Son Of Late Mahesh Raut R/O VillageSursand, Ward No.7, P.S.- Sursand, District- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar, Advocate For the Opposite Party/s : Mr.Rajiv Nayan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-07-2022 Heard learned counsel for the petitioner and the
State.
The petitioner is in judicial custody in connection with Madhwapur P.S. Case No. 51 of 2021 under sections 395 and 397 of the Indian Penal Code.
As per the FIR, the informant has alleged that one person asked him to open the door and when he opened the door, he saw 6-7 persons were standing who started beating him. It is further alleged that they forcibly made his son to open the room whereafter he was also attacked on his head. The accused persons had complete knowledge of the presence of Rs. 20 lakhs in the house and they straightway demanded money from his son. It is further alleged that accused persons finally decamped with the ornaments and Rs. 6 lakhs of Nepali currency by
Patna High Court CR. MISC. No.17936 of 2022(2) dt.21-07-2022 2/2
injuring some other family members including throwing bombs before they left the place of occurrence.
Taking into account the kind of allegation that has been levelled against the accused persons including the petitioner herein as also the fact that there are altogether six (6) criminal cases against the petitioner herein under sections 457, 380 and 395 of the Indian Penal Code also Section 8, 20(b)(ii)B of the NDPS Act as well as under section 30(A) of the Bihar Prohibition and Excise Act, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.
As the petitioner is in custody since 23.7.2021(as stated in para-07 of the bail application), the trial court is hereby directed to expedite the trial and conclude the same at an earliest.
(Rajiv Roy, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under IPC and NDPS Act?
Whether the trial court should be directed to expedite the trial?
4 provisions across 3 enactments
Pramod Raut
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
