Allowed bail to the accused in a murder case under IPC 302/34 and 302/120(B) after framing of charges and considering the extended period of custody, directing release on a bond.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.
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.33171 of 2021
Arising Out of PS. Case No.-266 Year-2019 Thana- BARAUNI District- Begusarai
======================================================
Abhinit Kumar @ Happo @ Abneet Kumar @ Happo, aged about 20 years, S/O Shankar Singh R/O Village-Bihat Tola Ibrahimpur, Ward No.28, P.SBarauni (O.P FCI), District-Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Adv. For the Opposite Party/s : Mr.A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
This is 3rd attempt for grant of bail on behalf of petitioner.
On last occasion, vide order dated 02.11.2020 passed in Cr.Misc. No. 23214 of 2020, the prayer for bail of petitioner was rejected on the ground that charge was not framed.
It is submitted in paragraph – 10 of the petition that charge has already been framed against petitioner and others on 31.03.2021 under Sections 302/34 and 302/120(B) of the Indian Penal Code. Petitioner is in custody since 02.07.2019.
Considering the period of custody and the fact that charge has already been framed, the bail petition of petitioner is allowed.
Patna High Court CR. MISC. No.33171 of 2021(2) dt.16-06-2021 2/2
Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - IX, Begusarai in connection with Sessions Trial No. 65 of 2021, arising out of Barauni (F.C.I.) P.S. Case No. 266 of 2019, on the following conditions:
“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether to grant bail to the petitioner on the third application considering the framing of charges and the period of custody.
ABHINIT KUMAR @ HAPPO @ ABNEET KUMAR @ HAPPO
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
