This order grants bail to the petitioner, an accused in a murder case under Section 302 IPC, citing the lack of trial progress as per a prior direction to conclude trial within one year.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20424 of 2016
Arising Out of PS.Case No. -159 Year- 2012 Thana -MASAURHI District- PATNA ====================================================== Raju Chouhan, son of Late Rajendra Chouhan, Resident of Village/ Mohalla- Sangatpur, Nunia Toli, P.S.- Masaurhi, District- Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 11-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Masaurhi P.S. Case No. 159 of 2012, registered under Section 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer of the petitioner was rejected on 11.02.2015 vide Criminal Miscellaneous No. 49606 of 2014 with direction to the trial Court to conclude the trial of the petitioner within one year by taking all effective steps with further observation that if the trial of the petitioner would not be concluded within the said period, the petitioner would be at liberty to renew his prayer for bail. Further submission is that in spite of passing over more
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than one year, there is no progress in the trial of the petitioner and only two witnesses have been examined till 15.09.2014, thereafter, none prosecution witnesses was examined. The petitioner is in custody since 12.09.2012.
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 Addl. Sessions Judge-XII, Patna in connection with Masaurhi P.S. Case No. 159 of 2012 (S.T. No. 948 of 2013).
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the lack of progress in the trial despite a prior order to conclude it within one year?
Raju Chouhan
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
