The High Court granted bail to the petitioner in a case involving sections 302/34 IPC and Arms Act, subject to conditions, noting the trial would conclude shortly.
Petitioner released on bail furnishing bond of Rs. 20,000 with two sureties if trial concludes within three months, otherwise released immediately after bond submission.
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.12629 of 2018
Arising Out of PS.Case No. -410 Year- 2016 Thana -BIHPUR District- BHAGALPUR
====================================================== 1. Kailu Yadav S/o Shambhu Yadav @ Sambho Yadav, R/o VillageAuliabad, P.S.- Bihpur (Jhandapur), District- Bhagalpur.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Adv For the Opposite Party/s : Mr. Sri Ajay Kumar-1, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.
The report of the learned Trial Judge would reveal that the trial is likely to be concluded very soon. Hence, I am not inclined to review the earlier order passed in Cr.Misc.No.11270 of 2017, whereby prayer for bail was refused to the petitioner.
If the trial is not concluded within a period of three months from the date of receipt/production of a copy of this order, the petitioner, above named, would be released on bail on furnishing bail bond of Rs.20,000/- (Twenty
Patna High Court Cr.Misc. No.12629 of 2018 (3) dt.11-04-2018
2
Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.T.No.342 of 2017 arising out of Bihpur (Jhandapur) Police Station Case No.410 of 2016, G.R.No.1298 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail pending conclusion of trial when the trial is likely to be concluded soon?
2 provisions across 2 enactments
Kailu Yadav
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
