The High Court granted bail to the petitioner in a murder case, as the trial had not concluded within the stipulated period despite earlier directions, subject to specific conditions.
Petitioner released on bail on furnishing bond of Rs.20,000 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.24601 of 2019
Arising Out of PS. Case No.-35 Year-2017 Thana- ADHAOURA District- Kaimur (Bhabua)
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LALKESH SINGH Son of Satya Narayan Singh. R/o village- Sorha, P.S.Adhaura, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 18-09-2019
Heard learned counsel for the petitioner and
learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.
According to F.I.R., the petitioner allegedly caused injury and death of the wife of the informant alleging that she was a witch. The petitioner is in custody since 13.07.2017.
Earlier, the prayer for bail of the petitioner was refused on 02.01.2018 in Criminal Miscellaneous No.54509 of 2017 with direction to the learned trial court to conclude the trial within nine months and with liberty to the petitioner to renew the prayer, if the trial is not concluded within the aforesaid period.
The report of the learned trial judge reveals that
Patna High Court CR. MISC. No.24601 of 2019(4) dt.18-09-2019 2/2
some more prosecution witnesses are yet to be examined, including the Investigating Officer and the doctor who had performed the postmortem.
Considering no chance of conclusion of trial in near future , let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Adhaura Police Station Case No.35 of 2017, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner .
(Birendra Kumar, J)
abhishek/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given the trial is not close to conclusion.
What conditions should apply to the grant of bail to the petitioner.
LALKESH SINGH
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
