The Patna High Court allowed a bail petition by an accused in an IPC 395 case. The court directed release on bail after cancelling the previous bail order, considering the period of detention and circumstances, subject to specific conditions.
Petitioner released on bail by furnishing bond of Rs.10,000 with two sureties of like amount.
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.16575 of 2016
Arising Out of PS.Case No. -108 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Ram Pravesh Ram, son of Jagdish Ram, resident of village – Barej, P.S.Mohania, District Kaimur at Bhabua. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.
The bail bond of the petitioner was cancelled on 18.1.2016 when the prosecution witness was present.
Contention on behalf of the petitioner is that the petitioner was represented under Section 317 of the Cr.P.C. but unfortunately, his learned counsel could not appear before the trial court as a result whereof petition filed under Section 317 of the Cr.P.C. was rejected following the cancellation of the bail bond of the petitioner. Moreover, the petitioner is languishing in jail custody since 2.2.2016.
Although learned Sessions Judge has mentioned in
Patna High Court Cr.Misc. No.16575 of 2016 (2) dt.26-04-2016
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the impugned order that petitioner voluntarily made himself absent from the proceeding but considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner above named 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 Sessions Judge, Kaimur at Bhabua in connection with Sessions Trial no. 319/2013 arising out of Mohania P.S. Case No.108 of 2013 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of six months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J)
N.H./U T
2 issues framed by the court
Whether the petitioner is entitled to bail after his bail bond was cancelled and he remained in custody.
Whether the petitioner's absence on the date of bail hearing warrants refusal of the bail petition.
2 provisions across 2 enactments
Ram Pravesh Ram
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
