An oral order in an Indian Penal Code murder case where the court rejected the petitioner's bail application due to the severity of charges and corroborative evidence, directing the trial court to expedite proceedings.
Prayer for bail of the petitioner stands rejected. Trial Court directed to expedite the 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.4155 of 2022
Arising Out of PS. Case No.-110 Year-2021 Thana- GURUA District- Gaya
======================================================
VIJAY YADAV S/o Ramkeshwar Yadav R/o village- Chhechhu Bigha, ( Useva), P.S.- Gurua, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 06-09-2022
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Gurua P.S. Case No. 110 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
As per prosecution case, it is alleged that the petitioner and others concertedly committed murder of informant’s daughter by cutting the neck in sleeping condition by means of sharp pasuli.
Learned counsel for the petitioner submits that petitioner is in custody since 25.05.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in
Patna High Court CR. MISC. No.4155 of 2022(3) dt.06-09-2022 2/2
the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that there is a case and counter case between the parties.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, nature of accusation levelled against the petitioner which is corroborated by postmortem report and also material available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected.
However, learned trial court is directed to expedite
the trial.
(Alok Kumar Pandey, J)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a murder case punishable under Sections 302 and 34 of the IPC.
1 provisions across 1 enactments
Vijay Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
