Dismissed¶22

Ganesh Sao v. The State of Bihar

Patna HC10 Apr 2024CR. MISC./9387/2024

Case brief

AI extract

What is this about?

What did the court decide?

Liberty to renew the prayer for bail after six months in case there is no progress in the trial; the Court further expects the learned trial court to ensure conclusion of the trial as early as possible. ¶22

Ganesh Sao Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's application for grant of bail — his second attempt, the first having been rejected in Cr. Misc. No. 42582 of 2021 — should be allowed, he being in custody in connection with Suhail P.S. Case No. 5 of 2018 registered for offences punishable under Section 302 IPC. +1 more

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Court's answer

Regard being had to the submissions of the parties and considering the specific nature of accusation, this Court is not inclined to re-consider the petitioner's prayer for bail; accordingly, the bail application stands dismissed.

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Ratio / Principle

In case there is no progress in the trial, the petitioner shall be at liberty to renew his prayer for bail after six months.

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Key takeaways

Taking note of the petitioner's incarceration since 04.09.2019, the Court expects the learned trial court to ensure conclusion of the trial as early as possible.obiter¶25

Detailed headnote1 paragraphs

Bail application dismissed (second attempt) — Ganesh Sao v. The State of Bihar, Criminal Miscellaneous No.9387 of 2024, High Court of Judicature at Patna (Harish Kumar, J., oral order dt. 10-04-2024): petitioner in custody since 04.09.2019 in connection with Suhail P.S. Case No. 5 of 2018 (District Gaya), registered for offences punishable under Section 302 of the Indian Penal Code; earlier bail prayer rejected in Cr. Misc. No. 42582 of 2021 vide order dated 29.06.2022 after consideration of the specific allegation that he inflicted knife blows over the abdomen and back side of his deceased wife and of the supportive statement of the deceased's son; despite an earlier direction for speedy disposal, not even a single witness has been examined. Considering the specific nature of accusation, the Court declined to re-consider the prayer and dismissed the application, while expecting the trial court to conclude the trial as early as possible and granting the petitioner liberty to renew his bail prayer after six months in case of no progress in the trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9387 of 2024

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Arising Out of PS. Case No.-5 Year-2018 Thana- SUHAIL District- Gaya

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

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Ganesh Sao S/O Late Nageshwar Sao Village- Sindha, Ps. Naudiha Bazar, Dist. Palamu (Jharkhand)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP

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

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 10-04-2024

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Heard Mr. Md. Javed Jafar Khan, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned Additional Public Prosecutor for the State.

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Application has been filed for grant of bail to the petitioner, who is in custody in connection with Suhail P.S. Case No. 5 of 2018, registered for the offences punishable under Section 302 of the Indian Penal Code.

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This is the second attempt made on behalf of the petitioner, as earlier the prayer for bail was rejected by this Court in Cr. Misc. No. 42582 of 2021 vide order dated 29.06.2022, after taking into consideration the specific allegation against the petitioner that he inflicted knife blow over the abdomen and back side of his deceased wife, due to which she succumbed to the injury. This Court had also considered the

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Patna High Court CR. MISC. No.9387 of 2024(3) dt.10-04-2024 2/3

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statement of the son of the deceased who supported the prosecution case.

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However, while negating the prayer for bail of the petitioner, this Court had directed the learned trial court to take all measures to ensure speedy disposal of the case but till date not even a single witness has been examined.

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In such circumstances, the learned Advocate for the petitioner submits that the petitioner has been incarcerated since 04.09.2019 and there is no likelihood of the conclusion of the trial in near future. Hence, he may be allowed the privilege of bail.

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On the other hand, learned APP for the State opposes the bail application and submits that earlier the prayer for bail of the petitioner was rejected considering the specific allegation and there is no cogent overwhelming circumstances for reconsideration of his prayer for bail.

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Regard being had to the submissions made on behalf of the parties and considering the specific nature of accusation, this Court is not inclined to re-consider the prayer of the petitioner. Accordingly, the application stands dismissed.

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However, taking note of the fact that the petitioner has been incarcerated since 04.09.2019, this Court expects that

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Patna High Court CR. MISC. No.9387 of 2024(3) dt.10-04-2024 3/3

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the learned trial court shall ensure conclusion of the trail as earlier as possible. In case there is no progress in the trial, the petitioner shall be at liberty to renew his prayer for bail after six months.

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(Harish Kumar, J)

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Anjani/-

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U T

Ganesh Sao v. The State of Bihar

Case brief

What is this about?

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Ganesh Sao v. The State of Bihar

Case brief

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