The Patna High Court granted regular bail to the petitioner who had previously surrendered after failing to meet bail conditions. The court directed a minimum deposit of Rs.80,000 as a precondition for release on bail bond with sureties.
Release on bail subject to prior deposit of Rs.80,000 and furnishing of bail bond with two sureties.
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.25360 of 2019
Arising Out of PS. Case No.-40 Year-2017 Thana- MUFFASIL District- Aurangabad
======================================================
SHRAWAN SINGH, Son of Late Rameshwar Singh, R/o village- Hathidah, P.S.- Hathidah, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumeet Kumar Singh For the Opposite Party/s : Mr.Chandra Bhushan Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 09-08-2019
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner in the present case is seeking regular bail once again because he had to surrender when he failed to abide by the terms and conditions indicated in the order dated 07.03.2018 passed by this Court in Cr.Misc.No.5349 of 2018.
It appears that in Cr.Misc.No.5349 of 2018 petitioner was granted regular bail by this Court on his showing willingness to deposit a sum of Rs.1,20,000/- in three installments of Rs.40,000/- each every month, subject to final result of the case in the court below. This Court granted him regular bail subject to the condition that prior to his release he will deposit a sum of Rs.40,000/- by way of first installment within two weeks and then he would be released on furnishing sureties, thereafter he will pay the rest of the amount in next two
Patna High Court CR. MISC. No.25360 of 2019(2) dt.09-08-2019 2/2
installments on or before the due date as indicated in the order. In terms of the order he had to deposit the 2nd and 3rd installment by 15th of April, 2018 and 15th of May, 2018, but then he failed to deposit the same. Since he breached his own undertaking given before this Court, he was sought to be arrested but then he surrendered in the court below on 21.12.2018.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount of Rs.80,000/immediately and before his release, therefore, this Court may consider his prayer for grant of regular bail at this stage.
Learned APP for the State is present.
Considering the facts and circumstances of the case and the previous order passed by this Court, this Court directs that on a prior deposit of Rs.80,000/- by the petitioner with the court below, he will be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Mufassil P.S. Case No.40 of 2017 subject to the condition under Section 437(3) Cr.P.C.
arvind/-
(Rajeev Ranjan Prasad, J)
U T
1 issue framed by the court
Whether the petitioner is entitled to release on regular bail after defaulting on previous bail conditions.
1 provisions across 1 enactments
SHRAWAN SINGH
The State of Bihar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
