This order grants bail to the petitioner accused in an IPC 302 and Arms Act case, holding that the five-year custody duration justifies release upon furnishing bonds. The court rejected State objections regarding antecedents on these facts.
Release on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27435 of 2020
Arising Out of PS. Case No.-488 Year-2015 Thana- DHANARUA District- Patna
======================================================
LOHA SINGH Son of Vijay Kant Singh @ Vijay Singh @ Bigan @ Bigan Yadav @ Brij Lala Resident of Village - Oriyara, P.S. - Dhanarua, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kr Singh No.1, Adv. For the Opposite Party/s : Smt. Mina Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 16-12-2020
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is an accused in connection with S. Tr. No. 723 of 2016 arising out of Dhanarua P.S. Case No. 488 of 2015 for the offence registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected vide order dated 24.09.2019 passed in Cr. Misc. No. 43530 of 2019 by a Bench of this Court. It is further submitted that now the fresh ground in connection with the present case is that the petitioner is in custody for more than five years. Petitioner is in custody since 11.12.2015.
Patna High Court CR. MISC. No.27435 of 2020(3) dt.16-12-2020 2/2
Learned APP appearing for the State submits that the petitioner has criminal antecedent.
Having considered the above facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Masaurhi (Patna) in connection with S. Tr. No. 723 of 2016 arising out of Dhanarua P.S. Case No. 488 of 2015.
(Arvind Srivastava, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering the delay in custody and antecedents.
Loha Singh
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
