The High Court granted bail to the petitioner, a Mukhiya accused of defalcating government money, setting a bail bond of Rs. 10,000 with two sureties and conditional attendance at trial.
Released on bail on furnishing bond of Rs. 10,000 with two sureties subject to daily attendance for nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13947 of 2015
Arising Out of PS.Case No. -15 Year- 2014 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Shivcharan Chaudhary S/o Late Somar Chaudhary Resident of Village Tilaiya, P.S. Chabilapur, District Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 18-09-2015 Heard learned counsel for the petitioner as well as the learned counsel for the State. Petitioner was Mukhiya at the relevant time and it is alleged that he along with one Sewak defalcated Government money near about Rs. 48 lakhs and also manipulated official documents. Earlier prayer for bail of the petitioner was rejected by a Bench of this Court directing the trial court to expedite the trial of the petitioner and to conclude the same within a period of nine months.
It has been reported by learned trial court that the charge against the petitioner and other accused was framed on 15.6.2015 and on 1.8.2015 one witness was examined but it has not been mentioned by the trial court in its report as to how many witnesses have been left to be examined. Moreover, from perusal of the report of the trial court, it appears that there is no likelihood of conclusion of trial of the petitioner in near future. Moreover, there is nothing on the record to show that release of the petitioner will hamper the trial.
Patna High Court Cr.Misc. No.13947 of 2015 (6) dt.18-09-2015
2 / 2
Accordingly, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda , Biharsharif in Chabilapur P. S. Case no. 15 of 2014 with condition that petitioner shall attend the trial court on each and every day in person for the period of nine months or till conclusion of the trial whichever is earlier and if he fails to attend the trial court on two consecutive dates without any reasonable cause, the trial court shall be at liberty to cancel his bail bond after due and proper enquiry.
(Hemant Kumar Srivastava, J)
sudip/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in PS.Case No.15 of 2014 considering the delay in trial and lack of likelihood of conclusion.
Shivcharan Chaudhary
The State of Bihar
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
