The Patna High Court granted bail to the petitioner in a case under Sections 363 and 366A IPC. Although he had previously absconded, bail was allowed after charges were framed, subject to specific conditions regarding sureties and conduct.
Petitioner released on bail on furnishing a bond of Rs. 5,000 with two sureties of the like amount each.
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.
Patna High Court Cr.Misc. No.14009 of 2013 (2) dt.17-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14009 of 2013
====================================================== Md. Azad son of Quddus, resident of village Louwa Lagam, Police Station Chousa, District Madhepura .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. C. Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 17-04-2013 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the
offence under Sections 363 and 366A of the Indian Penal Code.
The Petitioner was refused bail by an order dated 5.2.2013 since he had kept absconding for a number of years. However he had been given liberty to renew his prayer for bail after framing of charge.
Annexure-4 reveals that now charges have been framed. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Adhoc Additional Sessions Judge 8th , Purnea in connection with S.T. No.1486 of 2012 arising out of Rupauli (Akbarpur) P.S. Case No.108 of 2001, subject to the conditions (i) That one of the bailor
Patna High Court Cr.Misc. No.14009 of 2013 (2) dt.17-04-2013
will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Anjana Prakash, J)
Narendra/-
1 issue framed by the court
Whether the petitioner should be released on bail in a case under Sections 363 and 366A IPC where he had previously absconded but charges have since been framed.
1 provisions across 1 enactments
Md. Azad
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
