Patna High Court granted bail to the petitioner in murder case (Sections 302/34 IPC) on a second attempt, despite charges being framed, requiring appearance before trial court and fine bond with sureties.
Petitioner enlarged on bail with bond of Rs. 10,000, two sureties, and condition to appear physically at trial court.
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.18729 of 2015
Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Ranjeet Pandey, son of Late Nageshwar Pandey, Resident of village Chandralaya, P.S. Sadar Hajipur District Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Md. Arif(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
4 22-07-2015 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioner and Mr. Md. Arif, learned A.P.P.
This is second attempt for grant of bail on behalf of the petitioner. The petitioner is in custody in connection with Sadar Hajipur P.S. Case No. 333 of 2013 for the offence under Sections 302/ 34 of the Indian Penal Code. Earlier, by order dated 6.5.2015 a report was called for regarding the stage of the case which has been received and kept at flag ‘A’. Report indicates that case was fixed for framing of charge. In this case a supplementary affidavit has been filed on behalf of the petitioner and it has been indicated that on 9.6.2015 charge under Sections 302/34 of the Indian Penal Code has already been framed.
Keeping in view the fact that charge has already been framed and petitioner is in custody for a considerable period, the
Patna High Court Cr.Misc. No.18729 of 2015 (4) dt.22-07-2015
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court is of the opinion that the petitioner can be extended the privilege of bail.
Let the petitioner namely, Ranjeet Pandey be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with B.P. No. 237 of 2014 arising out of Sadar Hajipur P.S. Case No. 333 of 2013 on a condition that one of the bailors should be blood relation of the petitioner and secondly during the trial on each and every date the petitioner shall remain physically present before the court below. If continuously on two dates the petitioner fails to appear without prior permission of the trial court his bail bond shall automatically stand cancelled.
(Rakesh Kumar, J)
Praful/-
U T
1 issue framed by the court
Whether the petitioners should be granted bail extension considering the charge has already been framed and they are in custody for a considerable period.
1 provisions across 1 enactments
Ranjeet Pandey
State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
