Hearing a bail application, the single judge Granted the petitioner is released on bail after satisfying bond conditions, specifically accepting the petitioner's willingness to furnish sureties.
Release of petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount, subject to specific conditions.
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.72704 of 2018
Arising Out of PS. Case No.-249 Year-2017 Thana- MADHUBAN District- East Champaran
======================================================
Abhishek Kumar Singh @ Abhishek Kumar, S/o Chandraket Singh, R/o Village- Delho, P.S.- Madhuban, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 16-01-2019
Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The petitioner, who is in custody since
29.09.2017, seeks to renew his prayer for bail in connection with Madhuban P.S. Case No.249 of 2017 registered for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)r, 26 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has already been in custody for more than one year and his prayer for bail was earlier rejected on the ground of criminal antecedent. It is further submitted that the police had remanded the petitioner one by one in several cases though he was a juvenile and for this reason, the petitioner has been languishing in jail. Learned counsel for the
Patna High Court Cr.Misc. No.72704 of 2018(2) dt.16-01-2019 2/3
petitioner further submits that the petitioner is willing to furnish sureties in his favour and, therefore, in view of the period of custody, the petitioner may be extended the privilege of bail.
Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State, 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 A.C.J.M.-IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No.249 of 2017, subject to the following conditions:
( 1) One of the bailors will be the father of the
petitioner.
(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
Patna High Court Cr.Misc. No.72704 of 2018(2) dt.16-01-2019 3/3
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
1 issue framed by the court
Whether a petitioner who has been in custody for over a year on multiple remand charges should be released on bail despite prior rejection due to criminal antecedents.
2 provisions across 2 enactments
Abhishek Kumar Singh
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
