High Court granted bail to the petitioner in a criminal trial where, despite previous directions, the trial remained inconcluded. The Court directed trial completion within six months.
Petitioner granted bail on bond of Rs. 10,000/ with two family sureties; trial court directed to conclude trial within six months.
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.64341 of 2019
Arising Out of PS. Case No.-128 Year-2018 Thana- SATHI District- West Champaran
======================================================
Sugga Giri Son of Late Lakshan Giri @ Lakshaman Giri Resident of Village - Chhardwali Basantpur, P.S.- Sathi, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 11-12-2019
Perused the report dated 17.10.2019 submitted by
the Additional District and Sessions Judge, F.T.C.-1st, Bettiah, West Champaran.
Despite direction of this Court, the trial has not been concluded. The case is fixed for prosecution evidence.
Under the aforesaid circumstances, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. 1st , Bettiah, West Champaran, in connection with Sessions Trial No. 487 of 2019 arising out of Sathi P.S. Case No. 128 of 2018 on the condition that bailors should be family members of the petitioner and further the petitioner shall extend
Patna High Court CR. MISC. No.64341 of 2019(3) dt.11-12-2019 2/2
full cooperation in the conclusion of the trial at the earliest and in the event, the petitioner fails to attend court proceeding in two consecutive dates without any cogent reason, liberty shall be available to the court below to cancel the bail bonds of the petitioner.
The court below is also directed to expedite the trial and conclude the same positively within a period of six months from today.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner despite the trial not being concluded despite directions of the Court?
Whether the trial court should be directed to conclude the trial within a specified period?
Sugga Giri Son of Late Lakshan Giri @ Lakshaman Giri
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
