This oral order grants bail to the petitioner in PS Case No.138 of 2014 under sections 394/411 IPC and the Arms Act, as the case had not been committed to the Sessions Court within the allowed time.
Release on bail with a bond of Rs. 10,000 with two sureties, one being a family member.
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.42804 of 2015
Arising Out of PS.Case No. -138 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Surendra Das @ Kauwa son of Ganeshi Das resident of Village - Pand, Police Station - Dalsingsarai, District - Samastipur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Om Prakash Singh For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 02-12-2015 Heard counsel for the petitioner and Mr. Ram Chandra Singh, learned APP for the State. This is second attempt of the petitioner to seek bail in Dalsinghsarai P.S. Case No. 138 of 2014 registered under sections 394/411 IPC and diverse penal provisions of the Arms Act. Earlier, his prayer for bail was considered and rejected vide order dated 03.03.2015 passed in Cr. Misc. No. 48101 of 2014 granting the petitioner liberty to make his prayer for bail if the case does not record adequate progress within six months from the date of receipt/production of a copy of the order. Status report was called for which has been received and placed on record at Flag-B. It appears that the case is still pending before the Magistrate.
Counsel for the petitioner has submitted that till date the
Patna High Court Cr.Misc. No.42804 of 2015 (3) dt.02-12-2015
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case has not even been committed to the court of sessions. The petitioner is in custody since 09.03.2014.
Considering the above, I direct that the petitioner above named shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction learned Addl. Chief Judicial Magistrate, Dalsinghsarai, Samastipur in Dalsinghsarai P.S. Case No. 138 of 2014 on condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
HR/-
U T
2 issues framed by the court
Whether the petitioner shall be released on bail in a case pending before the Magistrate.
What conditions must be afforded to grant bail in this proceedings.
2 provisions across 2 enactments
SURENDRA DAS @ KAUAWA
THE STATE OF BIHAR
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
