In this bail application, the petitioner, charged with murder, challenged the rejection of bail. The single-judge bench held that no new grounds were established and dismissed the application while expediting the trial.
Bail application dismissed; direction to expeditel the trial.
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.11802 of 2024
Arising Out of PS. Case No.-256 Year-2022 Thana- AWTARNAGAR District- Saran
======================================================
Sonu Sah S/O DEEPAK KUMAR R/O VILLAGE- NARAON, PS.AWATAR NAGAR, DIST.- SARAN.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sarveshwar Tiwary For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 05-07-2024
Heard learned counsel for the petitioner and
learned APP for the State.
the bail application of the petitioner was rejected:-
" Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Awtar Nagar P.S. Case No. 256 of 2022 registered for the offence under Sections 302, 120B read with Section 34 of the Indian Penal Code and 27 of the Arms Act.
4. As per the prosecution, son of the informant was called by Vijay Shah in the evening and taken away. He was subsequently assaulted and was found dead.
5. It has been submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner in this case.
6. The petitioner is the assailant of the deceased and is in custody since 01.02.2023 and independent witnesses have seen the petitioner running
Patna High Court CR. MISC. No.11802 of 2024(4) dt.05-07-2024
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away from the place of occurrence after the deceased was assaulted.
7. In view of the facts and circumstances, as mentioned above, this Court is not inclined to grant bail to the petitioner.
8. Accordingly, the prayer of bail of the petitioner is rejected herewith.
9. The Court below is directed to expedite the trial."
Kumar Jha has argued this case vehemently and has prayed that the petitioner may be granted bail considering his period of custody.
order.
of the petitioner and conclude the same at the earliest.
(Sandeep Kumar, J)
Vikas/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner given the lack of new grounds and period of custody.
Whether the earlier order rejecting bail requires review in the light of the petitioner's custody duration.
Sonu Sah
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
