The High Court rejected a second bail application by Santosh Kumar, already convicted and awaiting trial in an IO murder case. Recalling a prior order, the court directed the trial court to expedite proceedings to within one year.
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.57655 of 2022
Arising Out of PS. Case No.-683 Year-2021 Thana- SITAMARHI District- Sitamarhi
====================================================== SANTOSH KUMAR Son of Bhola Mahto Resident of village- Belahiya, P.SSursand, District- Sitamarhi
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-11-2022
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 683 of 2021 instituted under Sections 302, 307, 120B, 379 and 34 of the Indian Penal Code and section 27 of the Arms Act.
Earlier, the petitioner had moved this Court vide Cr. Misc. No. 71957 of 2021 which was taken up and rejected on merit on 25.07.2022.
Without waiting for cooling off period, under illadvise, the petitioner once again chose to prefer the present bail application on 22.09.2022.
Patna High Court CR. MISC. No.57655 of 2022(2) dt.02-11-2022 2/2
Nothing fresh has come up to reconsider the earlier order passed in the bail application. The same is accordingly rejected.
The Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year.
(Rajiv Roy, J)
Jagdish/Neha-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner being an undertrial convict accused of multiple serious offences.
2 provisions across 2 enactments
Santosh Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
