Second bail application by petitioner in custody for murder as main assailant; nothing new emerged since prior rejection, so bail refused with direction to trial court to conclude trial within one year given custody since June 2021.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14410 of 2023
Arising Out of PS. Case No.-25 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran
====================================================== DHARMENDRA MUKHIYA @ PAPPU MUKHIYA Son of Gagandev Mukhiya Resident of Village - Hasuaha, P.S.- Muffassil Motihari, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-03-2023 Heard Mr. Prateek Tandon, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
The petitioner is in judicial custody in connection with Muffasil Sadar East Champaran P.S. Case No. 25 of 2021 for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
In the FIR, the informant, lady alleged that it was the petitioner who opened fire killing her husband. Allegation is that the petitioner put pistol on the chest of her husband and opened fire killing him instantly. Thus, he is the main assailant. Earlier, the bail application was rejected on 12.07.2022 (Annexure-1).
Once again, the prayer has been made for bail. The
Patna High Court CR. MISC. No.14410 of 2023(2) dt.01-03-2023 2/2
petitioner was found to be the main assailant in the killing of the deceased’s husband and nothing new has come to give a second look. Accordingly, the bail application stands rejected.
In view of the fact that he is in custody since 10.06.2021, let the Trial Court conclude the trial within a period of one year.
With the aforesaid observation, the petition stands
dismissed.
(Rajiv Roy, J)
Jagdish/Kiran-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner, alleged main assailant in a murder case.
Whether the trial should be concluded within a fixed period given prolonged custody.
2 provisions across 2 enactments
Dharmendra Mukhiya @ Pappu Mukhiya
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
