In a bail application in a murder case, the court found no fresh ground to reconsider the rejected prayer. It rejected the bail application but directed the trial court to conclude the trial within three months.
Prayer for bail rejected. Trial court directed to conclude trial within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27685 of 2023
Arising Out of PS. Case No.-258 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj
====================================================== Chandan Dubey Son Of Jayram Dubey Resident Of VillageKhavajepur(Olipur),Ps- Jadopur, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 26-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.27685 of 2023(2) dt.26-04-2023 2/3
nine months if the trial is not concluded within the stipulated period. Learned counsel further submits that since order dated 27.06.2022, no substantial progress has been made in the trial and charges have been framed only yesterday and there is no likelihood of conclusion of trial in near future. Learned counsel further submits that there was no previous enmity between the petitioner and the deceased and he has been falsely dragged in this case due to local politics. There is no cogent evidence against the petitioner. Other co-accused persons, namely, Awadhesh Singh, Chhotu Dubey and Vikash Sharma have been enlarged on bail by different Coordinate Benches of this Court vide orders dated 06.08.2019, 17.02.2020 and 09.08.2021 passed in Cr. Misc. No. 47407 of 2019, Cr. Misc. No. 66944 of 2019 and Cr. Misc. No. 21608 of 2021. The petitioner is in custody since 24.08.2021.
Patna High Court CR. MISC. No.27685 of 2023(2) dt.26-04-2023 3/3
considering the facts and circumstances of the case, I do not find any fresh ground to consider the prayer for bail of the petitioner.
immediate steps for early conclusion of trial even by running the trial on day-to-day basis and conclude the same within a period of three months.
(Arun Kumar Jha, J)
himanshu/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail having no fresh ground for reconsideration of the prayer.
Whether delay in conclusion of trial is a valid ground for grant of bail in murder cases.
Chandan Dubey
State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
