Dismissed

Jitendra Sahani v. The State of Bihar

Patna HC12 Apr 2023CR. MISC./2961/2023

Case brief

AI extract

What is this about?

The High Court of Patna considered an application for regular bail under Section 437 CrPC in a case involving offences under IPC 302 and 302. The court found that the trial had commenced with two witnesses examined. In view of the nature of the offence, bail was rejected, but the trial was directed to conclude expeditiously and the police ordered to produce witnesses on fixed dates.

What did the court decide?

Application for regular bail rejected; trial directed to be concluded expeditiously; police directed to produce witnesses on fixed dates.

Jitendra Sahani Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2961 of 2023

¶2

Arising Out of PS. Case No.-477 Year-2020 Thana- TURKAULIYA District- East Champaran

¶3

======================================================

¶4

JITENDRA SAHANI S/o Yadav Lal Sahani @ Jadav Lal Sahani R/o VillageRaghunathpur Ward no. 04, P.S.- Raghunathpur O.P. Turkauliya, Distt- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Ranjana Srivastava, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P.

¶11

======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶13

6 12-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 477 of 2020, registered for the offence punishable under Sections 307, 302, 120(B/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, East Champaran, Motihari.

¶15

Learned counsel appearing on behalf of petitioner submitted that the prayer for grant of bail to the petitioner has been rejected by this Court vide order dated 27.04.2022 passed in Criminal Miscellaneous No. 56156 of 2021 with liberty to renew his prayer for bail, if no substantial progress takes place in conduct of the trial.

¶16

A report was called for regarding stage of the trial

¶17

Patna High Court CR. MISC. No.2961 of 2023(6) dt.12-04-2023 2/2

¶18

from the learned Court below and in compliance of the same, the learned 20^th Addl. District & Sessions Judge, Motihar, East Champaran vide letter No. 216, dated 25.02.2023 informed that out of six prosecution witnesses, two witnesses have been examined and summons against the remaining witnesses have already been issued.

¶19

Considering the facts and circumstances of the case as well as the fact that petitioner is facing trial for offence allegedly to have been committed under Section 302 of the Indian Penal Code, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the prayer for grant of regular bail is rejected.

¶20

However, the learned trial Court is directed to conclude the trial expeditiously. The Superintendent of Police, East Champaran is directed to produce the prosecution witnesses on each and every date fixed by the learned trial Court.

¶21

With above observation, the application filed on behalf of the petitioner stands disposed of.

¶22

(Purnendu Singh, J)

¶23

manish/-

¶24

U T

Jitendra Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lalan Prasad Vs The State Of Bihar and Ors.

Shankar Vijay Singh Vs Vir Kunwar Singh University

Tarkeshwar Dhar Dwivedi Vs The State of Bihar

Anuj Paswan Vs The State of Bihar

Nirmala Devi Vs The State of Bihar

Manish Sahani @ Manik Sahani @ Manik Lal Sahni Vs The State of Bihar