The Patna High Court granted bail to an accused in a murder trial who had been in custody since July 2015. The court granted release in view of the prolonged delay in the trial process.
Petitioner granted bail on bond of Rs. 10,000 with two sureties of 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.48143 of 2018
Arising Out of PS. Case No.-49 Year-2006 Thana- MADANPUR District- Aurangabad
======================================================
Faguni Bhuiyan @ Faguni Ram S/o Late KHaderan Bhuiyan, Resident of Village-Aat, P.S.-Madanpur, Distirct-Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 29-08-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is accused in connection with S. Tr. No. 451A of 2016/44 of 2018 arising out of Madanpur P.S. Case No. 49 of 2006 registered under Sections 302, 307, 324, 326, 341, 379, 435, 427, 34 of the I.P.C. and sections 27 of the Arms Act and ¾ of Explosive Substance Act and 17 of the C.L.A. Act.
Submission of learned counsel for the petitioner is that earlier, prayer of the petitioner for bail was rejected by this Court vide order dated 24.07.2017 passed in Cr. Misc. No. 21235 of 2017 with direction to the Trial Court to expedite the trial, but up-till-now, there is no further progress in the trial. Out of 34 charge-sheeted witnesses, only three prosecution
Patna High Court Cr.Misc. No.48143 of 2018(3) dt.29-08-2018 2/2
witnesses have been examined. Petitioner is in custody since 23.07.2015.
Taking into consideration the period of custody of the petitioner and having regard to the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Aurangabad in connection with S.T. No. 451A of 2006/44 of 2018 arising out of Madanpur P.S. Case No. 49 of 2006.
(Arvind Srivastava, J)
Shailendra/-
U T
1 issue framed by the court
Whether the petitioner who has been in custody since 2015 should be released on bail in view of delay in the trial.
4 provisions across 4 enactments
Faguni Bhuiyan @ Faguni Ram
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
