The Patna High Court granted bail to the petitioner who was an accused in a murder case involving delay in trial proceedings.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of equal amount.
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.40159 of 2019
Arising Out of PS. Case No.-133 Year-2014 Thana- VIDYAPATINAGAR DistrictSamastipur
====================================================== UDAY CHOUDHARY @ UDAY KUMAR CHOUDHARY @ RAJA CHOUDHARY
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surya Narayan Roy For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 07-08-2019
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is accused in connection with Vidyapati Nagar P.S. Case No. 133 of 2014 registered under Sections 302/34 of the I.P.C. and 27 of the Arms Act.
Submission of learned counsel for the petitioner is that earlier prayer of the petitioner for bail was rejected twice by this Court on 08.09.2017 and 10.10.2018 vide Cr. Misc. Nos. 30871 of 2017 and 53208 of 2018 respectively with observation that if the trial is no concluded within a period of three months, the petitioner may renew his prayer for bail. Further submission is that on perusal of report of the Court below, at Flag-A, it appears that the trial is still pending and the petitioner is
Patna High Court CR. MISC. No.40159 of 2019(3) dt.07-08-2019 2/2
languishing in jail custody since 23.07.2014.
Having considered the above facts and circumstances
of the case, let the above named petitioner 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 1st Additional Sessions Judge, Samastipur in connection with Sessions Trial No. 168 of 2015 arising out of Vidyapati Nagar P.S. Case No. 133 of 2014.
(Arvind Srivastava, J)
shailendra/-
U T
1 issue framed by the court
Whether the accused seeking bail in a murder case is entitled to release on bail considering the trial is pending beyond the stipulated period.
2 provisions across 2 enactments
Uday Choudhary @ Uday Kumar Choudhary @ Raja Choudhary
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
