This order grants bail to the petitioner in a Section 366 IPC case of alleged misuse of privilege. The petitioner, in custody since March 2015, sought release citing a subsequent compo
Released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount to the 4th Additional Sessions Judge, Danapur.
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.22404 of 2015
Arising Out of PS.Case No. -295 Year- 1999 Thana -BIHTA District- PATNA ====================================================== 1. Hari Narain Das S/o Late Nagina Das Resident of vill. - Kothiyan Road Par, P.S. Shahpur, Distt. - Patna .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 09-07-2015 Heard learned counsels for the petitioner and the State. The present application is filed for bail in a case of misuse of privilege. The case was registered under section 366 of the Indian Penal Code, though the petitioner was not named in the FIR, subsequently, name of the petitioner sprang up during investigation. The petitioner was granted bail, and bail bond of the petitioner was cancelled on 14.12.2004.
It is submitted by learned counsel for the petitioner since the informant entered into the compromise, hence, petitioner did not appear but now the petitioner will appear regularly and at present the petitioner is in custody since 25.03.2015. The impugned order does not reflect that the trial has
Patna High Court Cr.Misc. No.22404 of 2015 (2) dt.09-07-2015
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progress any further after 25.03.2015 the date since the petitioner is in custody.
Considering the aforesaid fact, let the above named
petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Danapur in connection with Sessions Trial No. 1193 of 2000 arising out of Bihta P.S. Case No.295 of 1999.
The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case of misuse of privilege despite previous bail cancellation.
1 provisions across 1 enactments
HARI NARAIN DAS
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
