Single judge order in bail application. Directions issued to the lower court to consider regular bail application contingent on the petitioner's surrender within six weeks.
Learned CJM directed to consider prayer for regular bail if petitioner surrenders within six weeks.
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.5392 of 2015
Arising Out of PS.Case No. -30 Year- 2009 Thana -NAUBATPUR District- PATNA ====================================================== Dhananjay Tiwary @ Bhalu .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Singh For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 10-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that the petitioner and three others made indiscriminate firing causing injury to the brother of the informant.
It is submitted by learned counsel for the petitioner that the petitioner was not sent up for trial and final form was submitted on 20.10.2011 but differing with the final form, the cognizance was taken on 19.01.2013 when non-bailable warrant was issued on 13.12.2013.
The aforesaid facts constitute good ground for consideration of prayer for regular bail.
Let the learned court below consider the prayer for
Patna High Court Cr.Misc. No.5392 of 2015 (2) dt.10-02-2015
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regular bail of the petitioner if he surrenders within a period of six weeks in connection with Naubatpur P.S. Case No. 30 of 2009 pending in the court of learned CJM, Patna.
Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J)
Amrendra/U T
2 issues framed by the court
Whether to grant regular bail to the petitioner pending trial upon surrender within six weeks.
Whether the delay in taking cognizance and issuing the non-bailable warrant constitutes good ground for bail.
2 provisions across 2 enactments
Dhananjay Tiwary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
