The High Court at Patna released the petitioner on regular bail in a P.S. case involving offences under various IPC sections, setting conditions regarding sureties and future conduct.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each.
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.30819 of 2016
Arising Out of PS.Case No. -101 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jatindra Kumar @ Joni, son of Hemraj Agrawal resident of Village- Karala, P.S.- Sardar Azit Singh Nagari, District- Mohali (Punjab) at present C/o Sital Ram, son of Chaturi Ram, resident of Village- Ashapur Dih, Chorma, P.S.- Pakaridayal, District- East Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is seeking regular bail in connection with Pakaridayal P.S. Case No.101 of 2015, registered for the offence punishable under Sections 414, 420, 467, 468, 471, 474 and 212 of the Indian Penal Code. Earlier the petitioner has moved before this Court in Criminal Miscellaneous No.56579 of 2015 and this Court vide order dated 19.02.2016 rejected the bail of the petitioner with a liberty to renew his prayer for bail after completing one year’s jail custody.
The petitioner is in custody since 20.07.2015.
Patna High Court Cr.Misc. No.30819 of 2016 (2) dt.27-07-2016
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Looking to the period of custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 5th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pakaridayal P.S. Case No.101 of 2015, subject to the conditions that:-
(i) one of the bailors will be a close relative of the petitioner i.e. mother/father/ wife/son of the petitioner;
(ii) if the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail and;
(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J)
pawan/-
U T
1 issue framed by the court
Whether the petitioner is eligible for regular bail after the expirations of the previous bail order period.
1 provisions across 1 enactments
Jatindra Kumar @ Joni
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
