In this criminal miscellaneous petition, the Patna High Court granted bail to the petitioner, who had been in judicial custody for more than two years, in a trial regarding offences under Sections 302/34 IPC.
Petitioner to be released on bail on furnishing personal bond to the Additional Sessions Judge.
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.9718 of 2020
Arising Out of PS. Case No.-317 Year-2018 Thana- KHAJEKALA District- Patna
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CHHOTU @ MD. SAIF Son of Md. Yousuf Resident of Village - Barkat Khan Ka Akhara, P.S. - Khajekalan, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
6 09-12-2020
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Session Trial No. 813 of 2018 arising out of Khajekalan P.S. Case No. 317 of 2018 for the offence under Sections 302/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 22.07.2019 passed in Cr. Misc. No. 17502 of 2019. Now the prayer for bail of this petitioner has been renewed on the ground of custody as the petitioner is languishing in judicial custody since 19.11.2018 i.e. more than two years and the likelihood of conclusion of trial is not expected in near future. Therefore, petitioner may be enlarged
Patna High Court CR. MISC. No.9718 of 2020(6) dt.09-12-2020 2/2
on bail.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional Sessions Judge-V, Patna City in connection with S.T. No. 813 of 2018 arising out of Khajekalan P.S. Case No. 317 of 2018.
(Arvind Srivastava, J)
brajesh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 302/34 IPC after being in custody for over two years.
Chhotu @ Md. Saif
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
