The Patna High Court granted bail to the petitioner, a.instance in a criminal case under Sections 307 IPC and others, who had been in custody for over four months after apprehension due to missing bail summons.
Petitioner directed to be enlarged on bail by furnishing bond of Rs. 10,000 and 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.38582 of 2016
Arising Out of PS.Case No. -18 Year- 1987 Thana -HASANPUR District- SAMASTIPUR ====================================================== Ashok Kumar Singh, son of Mahendra Prasad Singh, Resident of VillageGorgama, Police Station- Nayagaon, District- Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Mritunjay Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 19-11-2016 Heard both sides.
The petitioner seeks bail in Hasanpur (Bithan) P.S. Case No. 018/87 registered under Section 307 and other sections of the Indian Penal Code, Section 24 of the C.T. Act and Section 27 of the Arms Act.
The petitioner was granted bail on 24.02.1987. Thereafter, chargesheet was submitted and the case was committed to the Court of Sessions on 09.07.1998. The petitioner did not receive any summons after commitment of the case. The petitioner was apprehended on 17.07.2016 and since then he is in jail. The petitioner has already remained in jail for more than four months for misuse of the privilege of bail.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond
Patna High Court Cr.Misc. No.38582 of 2016 (3) dt.19-11-2016
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of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Assistant Sessions Judge, Rosera in S.T. No. 318/98, arising out of Hasanpur (Bithan) P.S. Case No. 18/1987.
Dilip/-
U T
(Prabhat Kumar Jha, J)
1 issue framed by the court
Whether the petitioner be enlarged on bail after remanding him in custody for four months prior to bail.
3 provisions across 3 enactments
Ashok Kumar Singh
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
