Case Facts:
Patna High Court Cr.Misc. No.37000 of 2012 (3) dt.08-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37000 of 2012 ====================================================== Upendra Choudhary, son of Sri Dipty Choudhary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 08-11-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. Petitioner is one of the named accused in this case with specific accusation of shooting dead informant’s husband. Trial is going on as submitted and as is evident from a copy of order sheets after 02.04.2011 in spite of good number of adjournments, no witness could be examined including the informant and it also appears that trial court perhaps due to ignorance has not taken any due steps, such type of proceeding is highly deprecated. Furthermore, it cannot be tolerated in the cases wherein accused facing trial is or are in custody. Having regard to the facts and circumstances of the case, taken into consideration the specific accusation, for the present, prayer for regular bail of the petitioner in connection with Patna High Court Cr.Misc. No.37000 of 2012 (3) dt.08-11-2012 Sessions Trial No. 321 of 2010, arising out of Bagan Gola P.S. Case No. 10 of 2010, pending in the court of Ad hoc Additional District & Sessions-III, Buxar, is hereby refused. Simultaneously, court below is directed to proceed expeditiously with the trial avoiding undue delay and adjournments and take all personal care so that no further adverse comment be passed against his conduct. Let the order be communicated at once to the court below through fax. Md. Ibrarul/- (Akhilesh Chandra, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.