High Court denied bail to a petitioner charged with murder, observing that the trial stage is advanced and the accused has criminal antecedents, directing the lower court to expedite the trial.
Prayer for bail refused; direction to Trial Court to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40905 of 2022
Arising Out of PS. Case No.-4 Year-2022 Thana- AKBARNAGAR District- Bhagalpur
====================================================== GOURAV ROY S/o Sri Bhola Roy R/o village- Gouripur, P.S.- Akbarnagar, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar, Adv. For the Opposite Party/s : Ms. Anita Kumari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 18-03-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offence punishable under Sections 302 of the Indian Penal Code.
According to prosecution case, someone has assaulted the deceased with heavy object while he was sleeping at Basa.
Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner was not named in the F.I.R. The name of the petitioner has been transpired during investigation and there is no eyewitness of the alleged occurrence.
Patna High Court CR. MISC. No.40905 of 2022(4) dt.18-03-2023 2/2
Vide order dated 13.02.2023, a report was called for with regard to the stage of the trial. Report dated 23.02.2023 reveals that out of eight charge sheeted witnesses, five witnesses have already been examined and only three witnesses have yet to be examined in the present case.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that he carries three criminal antecedents other than the present one.
Considering the report of the Trial court, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No.212/2022, arising out of Akbarnagar P.S. Case No. 4/2022, pending in the court of learned Additional District and Sessions Judge-XVI, Bhagalpur.
Prayer is refused.
However, the learned Trial Court is directed to expedite
the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
amit/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving murder under Section 302 IPC where he has previous criminal antecedents.
Whether the lower court should expedite the trial.
1 provisions across 1 enactments
Gourav Roy
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
