Application for regular bail in a murder case was rejected as the informant remained unexamined. The court directed the trial court to conclude the trial within three months and examine the remaining witnesses.
Application for regular bail rejected; trial to be concluded within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41658 of 2021
Arising Out of PS. Case No.-127 Year-2020 Thana- SARE District- Nalanda
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Adv. Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP For the Informant : Mr. D.K.Sinha, Sr. Adv. Mr. Abhinay Raj, Adv. Mr. Alexander Ashok, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
4 18-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 120B of the Indian Penal Code.
As per the prosecution case, the son of the informant was found murdered in the house of the petitioner no.1 and his body was disposed of in a well.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. There are no eye witness to the occurrence. Only an unsubstantiated suspicion has been raised against the petitioners.
Patna High Court CR. MISC. No.41658 of 2021(4) dt.18-04-2022 2/3
The petitioners are in custody since 5.1.2021 and there is no chance of the trial concluding in the near future.
The application for bail is opposed by learned A.P.P. for the State and learned senior counsel appearing for the informant. It is submitted on behalf of the informant that the trial is near completion and only the official witness remain to be examined.
A report was called for from the learned trial court. As per the report received contained in letter dated 10.3.2022 of the learned Sessions Judge, Nalanda at Biharsharif, the informant and the Investigating Officer of the case remain to be examined.
It is submitted by learned senior counsel appearing for the informant that the informant in the case has been examined.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.
Learned trial court is directed to expedite the trial and to conclude the same within three months of communication of this order. If the Investigating Officer of the case is not already examined, the Superintendent of Police, Nalanda at Biharsharif
Patna High Court CR. MISC. No.41658 of 2021(4) dt.18-04-2022 3/3
shall ensure his appearance in the trial in the learned trial court
on the next date.
(Partha Sarthy, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioners should be enlarged on bail in a murder case where witnesses remain to be examined.
Whether the trial court should expedite the proceedings in this case.
1 provisions across 1 enactments
Pankaj Kumar @ Prem Kumar
Gulshan Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
