The Patna High Court allowed a bail application in a criminal case, releasing the petitioner on a bond of Rs. 10,000 with two sureties after finding stagnation in the trial.
Petitioner released on bail on furnishing bond of ₹10,000 with two sureties subject to standard conditions of appearance and no witness tampering.
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.25956 of 2019
Arising Out of PS. Case No.-48 Year-2018 Thana- FALKA District- Katihar
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SURESH MANDAL Son of Late Chhedi Mandal Resident of Village - Malhariya, P.S.- Falka (Pothia), Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Jha For the Opposite Party/s : Mr.Pancha Nand Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 19-06-2019
The prayer for bail of the petitioner was earlier rejected by this Hon’ble Court vide order dated 24.09.2018 passed in Cr. Misc. no. 42109 of 2018 with direction to renew the prayer for bail after six months if no substantial progress is made in the case.
A report was called for from the Court below which has been received, wherein, it has been mentioned that charge has been framed on 27.2.2019 and no prosecution witness has been examined till date. From the report of Trial Court, it further appears that no substantial progress is made in the trial by the trial Court.
In the written report, there is allegation that this petitioner brutally assaulted the informant with axe causing injury on his head, nose, ear, neck etc.
Patna High Court CR. MISC. No.25956 of 2019(4) dt.19-06-2019 2/2
Learned counsel for petitioner submits that petitioner is in custody since 11.5.2018.
Considering the aforesaid , let the petitioner, above named, 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 the ACJM, V, Katihar in connection with Falka P. S. Case No. 48 of 2018, subject to the following conditions:-
(i) Both the bailors shall be the close relative of the petitioner.
(ii) The petitioner will remain present on every date of trial and absence of petitioner on two consecutive dates without valid reason will amount to cancellation of his bail bond.
(iii) The petitioner will not try to tamper or intimidate the witnesses during trial.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail upon furnishing bond and sureties despite earlier rejection.
SURESH MANDAL
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
