Single judge order rejecting bail application in a criminal case involving serious offences. Trial is expected to conclude within three months; accused is the primary assailant.
Prayer for bail is rejected. Directions issued to expedite the trial within three months.
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.4419 of 2023
Arising Out of PS. Case No.-79 Year-2018 Thana- NAGARNAUSA District- Nalanda
======================================================
ANUJ GOP Son of Arjun Gop Resident of Village- Sadu Bigha, P.S.Nagarnausa, District- Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner : Mr.Birendra Kumar, Advocate For the Opposite Party : Mr.Navin Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 22-03-2023
Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Nagarnausa P.S. Case No.
79 of 2018 registered for the offence under Sections-147, 148, 149, 447, 337, 341, 323, 302, 504 of the Indian Penal Code and 27 of the Arms Act.
Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the petitioner was the assailant.
A report was called for from the trial court.
It has been reported that four prosecution witnesses, are yet to be examined in the present case and the trial is likely to be concluded within a period of three months.
Considering the nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.4419 of 2023(3) dt.22-03-2023 2/2
Accordingly, prayer for bail of the petitioner is rejected.
The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of three months from the date of receipt/production of copy of this order.
The District Magistrate and the Superintendent of Police, Nalanda are directed to produce the prosecution witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of three months.
Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Nalanda for needful.
(Sudhir Singh, J)
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving serious charges including murder and affray where the trial is nearly complete.
2 provisions across 2 enactments
Anuj Gop
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
