Allowed

Md. Kitabul v. The State Of Bihar

Patna HC4 May 2016CR. MISC./18818/2016

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What is this about?

The Patna High Court granted bail to the petitioner in a criminal trial arising from a 1999 PS Case. The court directed the Trial Court to conclude the trial positively within three months and ensure witness production by the Superintendent of Police.

What did the court decide?

Petitioner released on bail with ₹5,000 bond and two sureties; Trial Court directed to conclude trial in three months.

Md. Kitabul Vs The State Of Bihar — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18818 of 2016

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Arising Out of PS.Case No. -207 Year- 1999 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Kitabul Son of Late Kariyan, Resident of Village - Mirjapur Bardah, P.S. - Muffasil, District - Munger. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar Choudhary, Adv. For the State : Mr. Ram Chandra Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 04-05-2016 Heard learned Counsel for the petitioner and the State. The petitioner was refused bail by the order dated 29.1.2015 and 29.7.2015 passed by this Court in Cr. Misc. 32045 of 2014 and 30824 of 2015 respectively.

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Considering that the Petitioner is in custody since about last two years and undertakes to be physically present on each date of Trial and out of 14 witnesses, only three have been examined, let the petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge-Vth, Munger, in connection with Sessions Trial No. 119 of 2015 arising out of Muffasil P.S. Case No. 207 of 1999, subject to

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Patna High Court Cr.Misc. No.18818 of 2016 (2) dt.04-05-2016

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the conditions, (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner shall be physically present on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

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The Trial Court is directed to conclude the Trial positively within a period of three months from the date of receipt of this order without granting unnecessary adjournment to any Party for which he is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order in connection with Sessions Trial No.119 of 2015 arising out of Muffasil P.S. Case No. 207 of 1999, to the Superintendent of Police, Munger, and the Superintendent of Police, Munger, is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

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(Anjana Prakash, J)

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S.Ali/-

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U T

Md. Kitabul v. The State Of Bihar

Case brief

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Md. Kitabul v. The State Of Bihar

Case brief

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