This order allowed bail to the petitioner who had been in judicial custody since January 2013, relying on an earlier observation directing release if the trial was delayed beyond one year, noting the trial remained pending.
Petitioner directed to be released on bail on furnishing a bond of Rs.25,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38940 of 2014
Arising Out of PS.Case No. -68 Year- 2012 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Sharwan Kumar Ram @ Sharwan Ram, Son of Asharfi Ram, Resident of Village - Rajuahi, Police Station - Ghoghardiha, District - Madhubani. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 19-11-2014 Heard the parties. The prayer for bail made on behalf of the petitioner was earlier rejected by the order dated 04.10.2013 (Annexure-1) passed in Cr.Misc.No.35932 of 2013 by this Bench with an observation that, if the trial of the petitioner is not concluded within a period of one year from the date of receipt/production of a copy of the order, then he shall be at liberty to renew his prayer for bail.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is in judicial custody since 16.01.2013 and his trial has not concluded despite the observations and directions made by the order dated 04.10.2013 (Annexure-1).
The report submitted by the learned trial court, kept at Flag ‘A’, in compliance of the order dated 17.09.2014, shows that the trial of the petitioner is still pending.
Be that as it may, taking into consideration the period of incarceration and taking into consideration the observations made by this Court earlier by the order dated 04.10.2013 (Annexure-1), the prayer for bail made on behalf of the petitioner is allowed. He
Patna High Court Cr.Misc. No.38940 of 2014 (3) dt.19-11-2014
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is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Madhubani in connection with Sessions Trial No.261 of 2013, arising out of Ghoghardiha P.S. Case No.68 of 2012, subject to the conditions that:
Arvind/-
(Birendra Prasad Verma, J)
U T
1 issue framed by the court
Whether to grant bail to the petitioner who has been in custody since 2013 despite an earlier observation renewing the prayer if trial is delayed.
Sharwan Kumar Ram @ Sharwan Ram
The State of Bihar
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
