This single-judge High Court order granted bail to the petitioner in a criminal trial where the eye-witness testimony of the son of the petitioner failed to support the prosecution case and the cause of death remained unknown.
Directed release of petitioner on bail of Rs. 10,000 with two sureties alike.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12997 of 2015
Arising Out of PS.Case No. -21 Year- 2013 Thana -BAUNSI District- ARRARIA ====================================================== 1. Anup Lal Tuddu S/o Late Natwa Tuddu Resident of Village Bhagwanpur Santhal Tola, Police Station Bousi, District Araria. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-05-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected taking note of statements of prosecution witnesses, who had been examined in course of investigation but in course of trial, the son of the petitioner, who had claimed himself before the investigating officer to be eye witness of the alleged occurrence, did not support the prosecution case. The informant is not eye witness of the alleged occurrence and furthermore, the postmortem report reflects that the doctor could not succeed to find out exact cause of death of the deceased.
The trial court has reported that uptill now, only two prosecution witnesses could be examined, particularly, in the
Patna High Court Cr.Misc. No.12997 of 2015 (3) dt.20-05-2015
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circumstance, when the petitioner is in jail custody since 20-032013 and there is no likelihood of conclusion of trial of the petitioner in near future.
Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bousi P.S. Case No. 21 of 2013 corresponding to Sessions Trial No. 144 of 2014 to the satisfaction of Learned Additional Sessions Judge (F.T.C. No.-IV), Araria.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner satisfies the conditions for release on bail in the light of changed circumstances regarding prosecution witnesses.
Anup Lal Tuddu
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
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