The Patna High Court granted bail to the petitioner in a criminal case involving ganja recovery, directing release after the recording of statement under Section 313 Cr.P.C. and within specified conditions.
Petitioner released on bail on furnishing Rs. 25,000 bond with two sureties of like amount after recording of statement under Section 313 Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1468 of 2019
Arising Out of PS. Case No.-18 Year-2017 Thana- BACHHWARA District- Begusarai
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Shambhu Kumar Rai, son of Vishwanath Rai, resident of village Senduari, P.S. Hajipur Sadar, District Vaishali at Hajipur
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr.Niranjan Parihar For the Opposite Party/s : Mr.Anand Mohan Prasad Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 23-01-2019
Earlier prayer for bail of the petitioner was thrice rejected by this Court vide order dated 21.7.2017 in Cr.Misc.No. 32982 of 2017, vide order dated 10.1.2018 in Cr.Misc.No. 60790 of 2017 and lastly vide order dated 12.9.2018 passed in Cr.Misc.No. 51176 of 2018 considering the allegation of recovery of 70 kg. of ganja and lastly there was direction to the trial court to conclude the trial within a period of two months and if not concluded petitioner was directed to be released on bail by the trial court itself to its own satisfaction.
Submission of learned counsel for the petitioner is that in spite of the fact that two months period has already expired but the prayer for bail of the petitioner was rejected.
Heard learned APP and perused the report from which it appears that all the witnesses have been examined prior to
Patna High Court Cr.Misc. No.1468 of 2019(2) dt.23-01-2019 2/2
passing of the order and considering the same learned trial court has not allowed bail to the petitioner. It further appears that statement of accused petitioner has not been made.
Having heard both sides and in the facts and circumstances, as stated above, and once statement under Section 313 Cr.P.C. is recorded, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Begusarai, in connection with Bachhwara P.S. Case No. 18 of 2017, subject to the conditions that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to appear before the trial court on each and every date and further before releasing the petitioner learned trial court has to verify the address of the bailors and sureties and on failure to appear before the trial court, bail bond of the petitioner shall be cancelled.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail after the stipulated two-month period for trial conclusion has expired.
Shambhu Kumar Rai
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
