The High Court granted bail to the petitioners in a murder and attempt to murder case, noting their unproductive custody and partial progress in the trial, directing them to furnish a personal bond.
Petitioners released on bail on furnishing personal bond to the satisfaction of the learned Additional District and Sessions Judge, Bhagalpur.
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.32597 of 2021
Arising Out of PS. Case No.-235 Year-2019 Thana- NATHNAGAR District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh, Adv. For the Opposite Party/s : Mr.A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 15-09-2021
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 235 of 2019 for the offence under Sections 302, 307/34 of the Indian Penal Code.
Earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 21.09.2020 passed in Cr. Misc. No. 22086 of 2020.
Learned counsel for the petitioners submits that the petitioners are languishing in judicial custody since 22.01.2020 and 10.01.2020 i.e. more than one year and eight
Patna High Court CR. MISC. No.32597 of 2021(5) dt.15-09-2021 2/2
months and there is no substantial progress in the trial.
A report was called for and the same has been received. From perusal of the same, it appears that out of ten witnesses, four public witnesses have been examined and summons against the rest witnesses have been issued.
Learned A.P.P. for the State does not refute the factual position of the trial.
Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing their personal bond to the satisfaction of learned Additional District and Sessions Judge, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 235 of 2019.
(Arvind Srivastava, J)
brajesh/-
U T
3 issues framed by the court
Whether the petitioners should be granted bail in an offence under Sections 302, 307/34 IPC given the delay in trial.
Whether the existing grounds for bail rejection weigh against granting bail after prolonged custodial detention.
Whether the progress of trial justifies the release of the accused on bail.
1 provisions across 1 enactments
Umesh Paswan
Gulsan Paswan
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
