The Patna High Court dismissed a bail application in a PS case. The court held that recording of all witness evidence by the trial court makes the case unfit for bail, rejecting the application under Section 309 Cr.P.C. mentions.
Bail application rejected; directions issued to trial court to follow Section 309 Cr.P.C.
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.53170 of 2021
Arising Out of PS. Case No.-111 Year-2016 Thana- JANDAHA District- Vaishali
======================================================
Raju Miya @ Israjul Miya, Son of Saddik Miya, R/O Village – Dhi Buchauli, P.S. Jandaha, District Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Md. Zainul Abedin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER
The learned counsel for the applicant himself submits
that evidence of all witnesses have already been recorded by the learned trial court. In such situation, this cannot be a case fit for grant of bail.
The application is therefore rejected.
Needless to mention that the trial court shall adhere
the provisions of Section 309 of the Cr.P.C. in the matter.
Bhardwaj/-
(A. M. Badar, J)
U T
1 issue framed by the court
Whether bail can be granted when evidence of all witnesses has already been recorded by the trial court.
1 provisions across 1 enactments
Raju Miya @ Israjul Miya
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
