Petitioner applied for bail in a murder case alleging false implication. The court noted the petitioner had absconded for more than ten years since the FIR was registered. Bail was denied due to the delay, and the trial court was directed to expedite the trial.
Application for regular bail rejected; trial court directed to expedite 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.83626 of 2023
Arising Out of PS. Case No.-63 Year-2012 Thana- BHAGWANPUR District- Kaimur (Bhabua)
====================================================== CHANDRAMA PASWAN SON OF LOKA PASWAN @ LOKHNATH PASWAN R/O VILLAGE- MARCHI, P.S.- BHAGWANPUR, DISTRICTKAIMUR (BHABHUA)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Kishor Kumar, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
4 09-04-2024
grant of regular bail in connection with Bhagwanpur P.S. Case no.63 of 2012 registered under sections 302 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.83626 of 2023(4) dt.09-04-2024 2/2
case against the petitioner is one of last seen. The allegations or suspicion raised against the petitioner are all false and incorrect. There is no eye witness to the alleged occurrence. The petitioner is in custody since 11.9.2023 and chargesheet has been submitted in the case.
(Partha Sarthy, J)
Saurabh/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in a murder case where he absconded for over ten years before custody.
Whether the long delay in custody (11 years since FIR registration) warrants bail relief.
Whether the trial should be expedited in delayed criminal proceedings.
1 provisions across 1 enactments
Chandra Ma Paswan
The State of Bihar
Parta Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
