The Patna High Court granted bail to the petitioner in a bail application. The direction for trial completion within six months from 2017 had not been honored. The petitioner was released by furnishing a bail bond.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.65727 of 2018
Arising Out of PS. Case No.-172 Year-2011 Thana- KISHUNPUR District- Supaul
======================================================
Binod Choudhary, S/o Ravindra Choudhary Resident of Village-Suhagpur, P.S.-Kishanpur, Distt-Supaul.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 23-01-2019
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in connection with Kishanpur P.S. Case No. 172 of 2011, registered under Section 304(B)/34 of the Indian Penal Code
Learned counsel appearing on behalf of the petitioner submits that the prayer for bail of the petitioner was refused on 15.03.2017 passed in Criminal Miscellaneous No. 5256 of 2017 with direction to the trial Court to conclude the trial of the petitioner within six months by taking all effective steps for examining of remaining Chargesheet witnesses and if the trial of the petitioner would not complete within the stipulated period, the petitioner would be a liberty to renew his prayer for bail. He further submitted that more than six months has been elapsed,
Patna High Court Cr.Misc. No.65727 of 2018(2) dt.23-01-2019 2/2
but the trial of the petitioner has not been completed as yet. The petitioner is in custody since 28.05.2013.
Having considered the observation made in order dated 15.03.2017 passed in Criminal Miscellaneous No. 5256 of 2017 and also considering the period of detention of the petitioner, let the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, F.T.C-I, Supual in connection with S.T. No. 02 of 2014, arising out of Kishanpur P.S. Case No. 172 of 2011, G.R. No. 1441 of 2011.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after the stipulated period for trial conclusion elapsed without completion.
1 provisions across 1 enactments
Binod Choudhary
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
