Patna High Court granted bail to Dipu Kumar, an accused in a trial for Sections 394 and 411 IPC, directing release upon furnishing a bond with sureties due to trial delays and no prior convictions.
Directed to release the petitioner on bail by furnishing a bond of Rs. 10,000/- with two sureties.
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Patna High Court Cr.Misc. No.49174 of 2014 (2) dt.14-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49174 of 2014
Arising Out of PS.Case No. -198 Year- 2013 Thana -GAYA MUFFSIL District- GAYA ====================================================== DIPU KUMAR, SON OF NARESH VISHWAKARMA @ NARESH MISTRI, RESIDENT OF MOHALLA - JANAKPUR, P.S. - MUFFASIL, DISTRICT - GAYA. .... .... PETITIONER. VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY. ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar, Advocate. For the Opposite Party/s : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner is accused in connection with Muffasil P.S. Case No. 198 of 2013 registered under Sections 394 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 09.01.2014 passed in Cr. Misc. No. 26167 of 2013 by this Court with direction to the trial court to conclude the trial preferably within a period of nine months, if the trial is not concluded, the petitioner would be at liberty to renew his prayer for bail. It is further submitted that it would appear from the order
Patna High Court Cr.Misc. No.49174 of 2014 (2) dt.14-01-2015
dated 12.11.2012 passed in B.P. No. 122 of 2014 by the Additional District Judge-II, Gaya, rejecting the prayer for bail till that date witnesses including seizure list witnesses were examined but they have not supported the prosecution case yet other witnesses including the victim remained to be examined. There is no chance to conclude the trial in near future. It is further submitted that petitioner has no criminal antecedent and is in custody since 10.04.2013.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 198 of 2013. Out of two sureties one surety must be the parents or close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner accused under Sections 394 and 411 IPC should be granted bail given the delay in trial completion and lack of criminal antecedents.
1 provisions across 1 enactments
Dipu Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
