The Patna High Court rejected an application for bail in a murder case. The petitioner, a named accused who evaded arrest for years, was denied relief, and the trial court was directed to conclude proceedings expeditiously.
Prayer for bail rejected; trial Court directed to conclude trial expeditiously.
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.53345 of 2021
Arising Out of PS. Case No.-266 Year-2018 Thana- PHULWARIYA District- Gopalganj
======================================================
Pintu Yadav @ Pintu Choudhary, aged about 32 years, Male Son of Late Vinay Yadav, Resident to Village- Paikauli Bado, P.S.- Phulwariya, DistrictGopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-04-2022 Heard learned counsel for the parties.
The petitioner is in custody in connection with Phulwariya P.S. Case No. 266 of 2018 lodged on 26.11.2018 under Sections 302/34 of the Indian Penal Code by Banguri Devi, the victim lady who subsequently succumbed to the burn injury.
As per the prosecution case, on 19th November, 2018, all the named accused after verbally abusing the informant (deceased) due to land dispute later poured kerosene oil and set her on fire. She was rushed to the hospital where she lodged this FIR and later succumbed to her injury.
Although the petitioner is the named accused, the matter dates back to 2018, the anticipatory bail preferred by him
Patna High Court CR. MISC. No.53345 of 2021(2) dt.06-04-2022 2/2
vide Cr. Misc. No. 11900 of 2019 was rejected on 27.02.2019 with the direction to surrender and make prayer for regular bail, he choose to finally come within the judicial custody only on 28.06.2021.
Considering the fact that he is named accused, evaded arrest for long and has finally been taken into the judicial custody, I am not inclined to grant any relief to him and the prayer for bail is accordingly, rejected.
The trial Court is directed to conclude the trial expeditiously.
(Rajiv Roy, J)
Anand Kr.
U T
1 issue framed by the court
Whether anticipatory bail granted after long delay by the petitioner who evaded arrest should be granted when he is a named accused in a serious offence.
Pintu Yadav @ Pintu Choudhary
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
