Petitioner, in jail custody on kidnapping and conspiracy charges, petitioned for bail citing lack of witness identification and prosecution delays. The single-judge bench granted bail.
Released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.
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Patna High Court Cr.Misc. No.50160 of 2012 (4) dt.19-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50160 of 2012
====================================================== Krishna Murari Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 19.06.2013 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 21.11.2010 in a case registered under sections 364A and 120B of the IPC on the allegation that he participated in kidnapping of the victim and considering the aforesaid aspect, this court twice rejected the prayer for bail of the petitioner but learned counsel for the petitioner points that in course of trial neither victim nor informant could succeed to identify the petitioner and therefore, there is nothing against the petitioner.
The learned trial court has reported that out of 11 charge sheeted witnesses only four witnesses were examined till 25.7.2012 and to examine remaining prosecution witnesses, processes have already been sent but no witness turned up.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Krishna Murari Singh, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge VI, Patnacity, Patna in Sessions trial no. 1235 of 2011/ 1236 of 2011 arising out of Bahadurpur P.S. Case no. 68/2010.
shahid
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether the petitioner should be released on bail given lack of identification by prosecution witnesses.
Whether the bail bonds should be accepted from petitioner in the aforementioned case.
Krishna Murari Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
