In a bail application under Section 302 IPC, the Patna High Court granted release to the petitioner in custody, noting that co-accused had obtained bail and the case was transferred to the trial court.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like 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.61953 of 2018
Arising Out of PS. Case No.-2 Year-2017 Thana- AZIMABAD District- Bhojpur
======================================================
Ajit Singh @ Ajit Yadav, Son of Late Satish Yadav @ Satish Kumar Singh, Resident of Kamariya, P.S.-Azimabad, District-Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr.Anil Kumar, Advocate For the S t a t e : Mr. Umanath Mishra, APP For the Informant : Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
permission to make necessary corrections in the prayer
portion of the petition in view of the fact that the case is now
pending before the learned A.D.J.-II, Bhojpur, Ara.
Let necessary corrections be made.
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the informant. Learned counsel for the State is also present.
The petitioner is in custody since 07.11.2017 in connection with Azimabad P.S. Case No.02 of 2017 registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.61953 of 2018(5) dt.25-01-2019 2/3
Learned counsel for the petitioner submits that the present application renewing the prayer for bail is being filed on the ground that certain similarly situated persons have since been extended the privilege of bail. It is further submitted that the petitioner is willing to co-operate in the trial and he shall ensure that the trial is not prejudiced in any manner. He further submits that the petitioner’s name has transpired in this case on the basis of the confessional statement made before the police by one Vikas Yadav, who has been granted bail by a Bench of this Court in Cr.Misc. No.76629 of 2018, vide order dated 02.01.2019. It has also been brought on record that another co-accused Bipin Yadav @ Bipin Singh has also been extended the privilege of bail in Cr. Misc. No.30407 of 2018, vide order dated 13.09.2018.
Considering the aforementioned facts and
circumstances and that the petitioner has been in custody since 07.11.2017, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II, Bhojpur Ara, in connection with Azimabad P.S. Case No.02 of 2017,
Patna High Court Cr.Misc. No.61953 of 2018(5) dt.25-01-2019 3/3
subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, mother, son, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
PNM
U T
2 issues framed by the court
Whether the petitioner is entitled to release on bail pending trial.
Whether similar treatment accorded to co-accused warrants a grant of bail.
Ajit Singh
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
