The Patna High Court granted bail to the petitioner, who had been in judicial custody since April 2016 in a case under Sections 379 and 461 IPC without charges being framed.
The petitioner shall be released on bail upon furnishing bail bonds of Rs. 10,000 with two sureties of the 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.45880 of 2018
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Md. Rashid @ Pappu S/o Late Ishak Miyan @ Ishak, R/o MohallaNauranga, P.S.- Muffasil, District- Gaya.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 01-08-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 02.04.2016 in a case registered for the offences punishable under Sections 379, 461 of the Indian Penal Code and earlier his prayer for bail was rejected by this court vide order dated 26.09.2016 passed in Cr. Misc. No. 27800 of 2016.
Learned counsel appearing for the petitioner submits that petitioner is in jail custody for more than two years but up till now charge could not be framed against him.
Considering the period of detention of the petitioner in jail custody as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.45880 of 2018 (2) dt.01-08-2018
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10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar Raj, learned Judicial Magistrate 1st Class, Gaya in connection with Civil Line P.S. Case No. 422 of 2014.
(Hemant Kumar Srivastava, J)
SHAHZAD/- Rajeev
U T
1 issue framed by the court
Whether the petitioner, detained for over two years without framing of charges, is entitled to be released on bail.
1 provisions across 1 enactments
Md. Rashid @ Pappu
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
