The High Court at Patna granted bail to the petitioner accused under IPC Section 414 and Arms Act Sections 25 and 26 due to undue delay in producing witnesses, directing strict conditions of bail.
Petitioner directed to be released on bail of Rs. 10,000 with two sureties subject to specific conditions.
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.9237 of 2016
Arising Out of PS.Case No. -673 Year- 2011 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== 1. Deepak Kumar Yadav @ Deepak Kumar Son of Bharat Prasad Yadav Resident of Village Adarsh Nagar Police Station Kunda, District Allahabad, Uttar Pradesh. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 06-04-2016 Perused the report dated 17th March, 2016 submitted by the learned 7th Additional Sessions Judge, Rohtas at Sasaram in compliance with the order of this Court dated 02.03.2016. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Sessions Trial No. 267 of 2012 arising out of Dihri (Town) P.S.Case No. 673 of 2011 registered under Section 414 read with 34 of the Indian Penal Code and Sections 25(1-B)(a) and 26 of the Arms Act. However, on completion of investigation, the police have submitted charge-sheet under Sections 400, 412, 414 read with 34 of the Indian Penal Code and 25(1-B)(a) and 26 of the Arms Act.
Patna High Court Cr.Misc. No.9237 of 2016 (3) dt.06-04-2016
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It has been contended by the learned counsel for the petitioner that though the petitioner is in custody since 27th December, 2011, the prosecution could examine only one witness till the date of filing of the present application.
Regard being had to the inordinate and undue delay caused by the prosecution in producing witnesses during trial, the petitioner Deepak Kumar Yadav @ Deepak Kumar 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 learned Additional Sessions Judge-VII, Rohtas at Sasaram in connection with Sessions Trial No. 267 of 2012 arising out of Dihri (T) P.S.Case No. 673 of 2011, subject to the following conditions :
Patna High Court Cr.Misc. No.9237 of 2016 (3) dt.06-04-2016
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(Ashwani Kumar Singh, J)
Pradeep/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the inordinate delay by the prosecution in producing witnesses during the trial?
4 provisions across 3 enactments
Deepak Kumar Yadav @ Deepak Kumar
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
