An oral order granting bail to the petitioner faced with serious allegations, released after acknowledging significant delays in investigation and the surrender and bail of a co-accused.
Petitioner released on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate.
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.19760 of 2015
Arising Out of PS.Case No. -126 Year- 1994 Thana -CHANDAULI District- GAYA ====================================================== 1. Ram Dahin Singh @ Ramdain Singh Son of Late Basudeo Singh Resident of Village- Nanauk, P.S.- Buniyadganj, District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 28-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The occurrence took place in the year 1994 but investigation continued till 2007 and it appears from the report of learned Magistrate that the charge sheet was submitted in the year 2007 and the cognizance was taken on 25.07.2007. Furthermore, it appears that one co-accused namely, Jai Singh @ Ajay Singh surrendered before the court below on 17.10.2014 and was granted bail by the court below itself, on the date of his surrender. So far as petitioner is concerned, he is in jail custody since 15.10.2014 without having any specific overt act as well as criminal antecedent.
Considering the aforesaid facts and circumstances as
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well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Gaya in connection with Chandauti P.S.Case No.126 of 1994.
(Hemant Kumar Srivastava, J)
Namita/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail after prolonged delay in the investigation and charge sheet filing.
Ram Dahin Singh @ Ramdain Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
