Petitioner sought renewal of bail prayer six months after initial rejection in a criminal case involving IPC offences. Court noted custody duration and lack of prior record, directing release on bail with security.
Petitioner to be released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57829 of 2018
Arising Out of PS.Case No. -98 Year- 2014 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI)
====================================================== 1. Dular Chand Yadav @ Dularchan Yadav, S/o Banshi Yadav @ Banti Yadav, Resident of Sareya Ahir Toli, Police Station- Paharpur, DistrictEast Champaran.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Akshay Lal Pandit
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner who has been in custody since 02.11.2017 in connection with Paharpur P.S. Case No. 98/2014 registered for the offences punishable under Sections 341/323/324 /326/504/147/379 of the Indian Penal Code seeks to renew his prayer for bail in view of the liberty granted to him to renew his prayer for bail after six months by the Court which had earlier rejected his case. It further submitted that after waiting for six months, the petitioner is renewing his prayer for bail.
In view of the fact that the petitioner has already been in custody since 02.11.2017, learned counsel for the petitioner submits that there was land dispute between the parties which led
Patna High Court Cr.Misc. No.57829 of 2018 (2) dt.20-09-2018
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to the scuffle resulting in the injury on the informant.
Having considered the entire facts and circumstances and in view of the liberty extended earlier and also the fact that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 98/2014.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail upon renewal of prayer given his custody duration and lack of criminal antecedents.
1 provisions across 1 enactments
Dular Chand Yadav @ Dularchan Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
