Allowed

Lallan Prasad and Anr. v. The State Of Bihar

Patna HC4 Jun 2014CR. MISC./10266/2014

Case brief

AI extract

What is this about?

Petitioners charged under Section 420 IPC were granted bail upon surrender and deposit of Rs. 75,000 as security, subject to specific conditions regarding representation, presence, and participation in other legal proceedings, with a directive for expeditious trial completion.

What did the court decide?

Order granted bail to petitioners upon payment of Rs. 75,000/- deposit and surrender within four weeks, subject to specific conditions regarding sureties, presence, and trial duration.

Lallan Prasad and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10266 of 2014 ====================================================== 1. Lallan Prasad S/O Late Sheo Shankar Prasad Resident Of VillageBhadwar, P.S- Begen, District- Bhojpur. 2. Sunaina Devi, wife of Lallan Praasad, village Bhadwar, PS Bagen, Dist. Bhojpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh. For the Opposite Party/s : Mr. Parmanand Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 04-06-2014 Heard learned counsel for the parties. Having regard to the nature of allegation for offence under section 420 of the Penal Code, this court is not inclined to grant anticipatory bail to the petitioners but then learned counsel for the petitioners has submitted that the petitioners are prepared to deposit Rs. 75,000/- with the trial court whereupon they may be granted anticipatory bail.

¶2

Counsel for the opposite party cannot have any objection to such prayer because Rs.75,000/- atleast now becomes secured and in the event the complainant will succeed, he will get Rs. 75,000/- the amount deposited by the petitioners. It, however, goes without saying that if the complainant fails to prove his case, the afore-mentioned amount of Rs. 75,000/- deposited by the

¶3

Patna High Court Cr.Misc. No.10266 of 2014 (2) dt.04-06-2014

¶4

2/3

¶5

petitioners shall be refunded to them.

¶6

That being so this court would direct the petitioners, namely, Lallan Prasad and Sunaina Devi to surrender within a period of four weeks from today and deposit Rs. 75,000/in cash or by a bank draft and on doing so both the petitioners shall be released on bail in Complaint Case No. 531©/2010, Tr. No. 5940/2010 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction

¶7

of the Chief Judicial Magistrate, Ara, Bhojpur subject to the following three conditions:-

¶8

(i) The two bail bonds furnished by the petitioner will be of his close family relatives.

¶9

(ii) The petitioner will remain present in course of trial on each and every day and her absence on two consecutive dates would automatically entail the consequences of cancellation of her bail.

¶10

(iii) The petitioner in case is now made accused in any other criminal case, that by itself would lead to cancellation of her bail.

¶11

After the amount of Rs. 75,000/- deposited by the petitioners shall be kept by the court below in a fixed deposit in a nationalized bank or post office and would be renewed annually.

¶12

Patna High Court Cr.Misc. No.10266 of 2014 (2) dt.04-06-2014

¶13

3/3

¶14

The trial court also must ensure that the trial of the petitioners is concluded expeditiously and preferably within a period of one year from the date of receipt of this order.

¶15

With the aforesaid observations and directions this

¶16

application is disposed of.

¶17

(Mihir Kumar Jha, J)

¶18

haque/-

Lallan Prasad and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lallan Prasad and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamaruddin Vs The State Of Bihar

Shyam Sahani and Anr. Vs The State Of Bihar

Lallan Prasad Vs The State Of Bihar

Ashok Yadav and Ors. Vs The State Of Bihar

Binod Sah @ Binod Kumar and Anr. Vs The State Of Bihar

Vijay Mahto Vs The State Of Bihar