The Single Judge of the Patna High Court granted bail to the petitioner, directing the ACO Hilsa to release the petitioner after execution of a bail bond of Rs. 10,000 along with two sureties.
Petitioner directed to be released on bail upon execution of bond and sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1894 of 2016
Arising Out of PS.Case No. -126 Year- 2013 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Dharmendra Prasad @ Bhutali Ram son of Rudal @ Rudal Ram, resident of Village Hajipur, P.S Nagarnausa, District- Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 03-02-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the state. The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 10.04.2015 passed in Cri. Misc. No. 8755 of 2015 on the ground that the petitioner is suffering in custody since 23.12.2014 and in spite of direction of this Court in order dated 10.04.2015, the trial has not been concluded which is evident from the report of learned trial judge dated 22.02.2015 and, as such, the petitioner deserves sympathetic consideration.
The learned A.P.P. duly assisted by the learned
Patna High Court Cr.Misc. No.1894 of 2016 (3) dt.03-02-2016
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counsel for the informant opposes the prayer of bail.
In the facts and circumstances stated above, as the trial has not been concluded within the time given in order dated 10.04.2015 and, as such, now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., Hilsa arising out of Hilsa P.S. Case No. 126 of 2013 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
sushma/U T
1 issue framed by the court
Whether the petitioner deserves bail given the delay in conclusion of trial despite a prior direction.
1 provisions across 1 enactments
Dharmendra Prasad @ Bhutali Ram
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
