The High Court, after hearing the learned counsel for the petitioner and the Additional Public Prosecutor, allowed bail to the petitioner in a criminal case involving a land dispute and alleged assault, noting his prolonged jail custody.
Release on bail with bonds of Rs. 10,000/- and two sureties of like amount.
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Patna High Court Cr.Misc. No.3981 of 2013 (2) dt.24-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3981 of 2013
====================================================== 1. Halim Mian S/O Late Kurban Mian .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 24-04-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of the petitioner was rejected on 10.10.2012 at initial stage of investigation but submission on behalf of the petitioner is that the charge sheet has already been submitted.
It is contended on behalf of the petitioner that the alleged occurrence took place on account of land dispute and it is alleged that petitioner gave farsa blow on the head of injured but no farsa injury was found rather injury is said to have been caused by hard and blunt substance though grievous in nature. It is further contended by him that petitioner being old person is languishing in jail custody since 01.08.2012.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the
Patna High Court Cr.Misc. No.3981 of 2013 (2) dt.24-04-2013
petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 120 of 2012 subject to condition that he shall attend the trial court on each and every date in person till framing of the charge and if he fails to do so on three consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner should be released on bail considering the period of detention and nature of the case.
Halim Mian
The State Of Bihar
Hemant Kumar Srivastava
Shahzad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
