Patna High Court granted regular bail to the petitioner, previously held in custody since 15.08.2011, in a case under Section 397 of the Penal Code, directing release on a bond with conditions.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of like amount each.
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Patna High Court Cr.Misc. No.50098 of 2012 (5) dt.08-05-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50098 of 2012
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Dablu Das @ Mithilesh Das, s/o Naresh Das, resident of village Gandhipur, P.S. Bariyarpur, district Munger .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and the
5 08-05-2013
State.
This is a petition for grant of regular bail for offence under Section 397 of the Penal Code.
The case of the petitioner earlier rejected by this Court in Cr. Misc. No. 21430 of 2012 in view of the fact that the petitioner was identified in the test identification parade with a direction to conclude the trial within four months.
The learned counsel for the petitioner, however, contends that the co-accused, Ashish Kumar, having similar allegation and also had been identified in test identification parade, has been granted bail in Cr. Misc. No. 27600 of 2012, in view of the fact of period of custody. It has, further, been contended that this petitioner is in custody since 15.08.2011 and there is criminal antecedent against the petitioner.
Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/(rupees ten thousand) with two sureties of the like amount each in connection with Akbar Nagar P.S. Case No. 47 of 2009 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, subject to the condition that one of the bailors shall be close relative of the petitioner, like father, son, brother or wife and the petitioner shall
Patna High Court Cr.Misc. No.50098 of 2012 (5) dt.08-05-2013
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appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself.
(Gopal Prasad, J)
SA/-
2 issues framed by the court
Whether the petitioner is eligible for release on regular bail after earlier rejection based on a prior TIDP identification.
Whether the order previously directing conclusion of trial within four months is relevant considering the period of custody.
Dablu Das @ Mithilesh Das
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
