This order grants bail to the petitioner in a criminal case where a previous bail prayer was rejected. The court considered the expiry of the trial timeline and the petitioner's extended custody duration.
Released on bail on furnishing a bond of Rs. 25,000/- with two sureties of the same 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.33370 of 2018
Arising Out of PS.Case No. -174 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR)
======================================================
Raghubansh Kumar @ Vikram Kumar S/o Shambhu Rai, R/o Vill.Shyampur, P.S.- Bhagwanpur, District- Vaishali.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Moleshwar For the Opposite Party/s : Mr. Ashok Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 22-06-2018 Earlier prayer for bail of the petitioner was rejected by
this Court vide order dated 26.07.2017 passed in Cr. Misc. No. 33968 of 2017 with an observation to conclude the trial within a period of nine months.
Submission of learned counsel for the petitioner is that till now one witness has been examined and nine months has already expired. Further submission is that the petitioner is in custody for more than one year, having no criminal antecedent.
Heard learned A.P.P also.
Having heard both sides and in the facts and circumstances, as stated above, considering the period of custody, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two
Patna High Court Cr.Misc. No.33370 of 2018 (2) dt.22-06-2018
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sureties of the like amount each to the satisfaction of Additional Sessions and District Judge-VI, Vaishali at Hazipur, in connection with Hazipur Sadar P.S. Case No. 174 of 2017, on the condition that one of the bailors shall be a local person having sufficient immovable property within the jurisdiction of the court concerned and further condition that the petitioner shall co-operate in disposal of the trial.
(Vinod Kumar Sinha, J)
Priyanka/Srikant/-
U
2 issues framed by the court
Whether the petitioner should be released on bail considering the expiry of the earlier time limit for trial conclusion.
Whether the petitioner should be released on bail given his custody period exceeding one year and no criminal antecedents.
Raghubansh Kumar @ Vikram Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
