Released petitioner on bail in PS Case No. 02 of 2020 regarding IPC and Arms Act offences pending for a year, directing expedited trial completion within one year.
Released on bail Rs. 50,000 with two sureties; trial to conclude within one year.
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.23440 of 2020
Arising Out of PS. Case No.-2 Year-2020 Thana- DHANGAI District- Gaya
======================================================
Vinod Kumar Yadav @ Viru Don, S/o Parshuram Yadav, Resident of VillageLahuari, Police Station- Barachatti, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr.A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 04-01-2021
Heard learned counsel for the petitioner and State.
The petitioner is in custody in connection with
Dhangai P.S. Case No. 02 of 2020 for the offence under Sections 414/34 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 18.01.2020. He further submits that the co-accused Chhotu @ Patangra has been granted bail vide order dated 25.09.2020 in Cr. Misc. No. 22216 of 2020. He also submits that no incriminating article has been recovered from the possession of the petitioner.
Considering the fact that the petitioner has remained in custody for about one year, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of
Patna High Court CR. MISC. No.23440 of 2020(3) dt.04-01-2021 2/2
Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Dhangai P.S. Case No. 02 of 2020 with the condition that the petitioner will extend full cooperation in conclusion of the trial.
The trial court is directed to expedite the trial and conclude the same in all respect within a period of one year from the date of receipt of this order.
The Superintendent of Police, Gaya is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.
(Anil Kumar Upadhyay, J)
uday/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail after being in custody for over a year.
Whether the trial court must expedite the conclusion of the trial.
2 provisions across 2 enactments
Vinod Kumar Yadav @ Viru Don
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
