The Patna High Court granted bail to the petitioner in a criminal case where the trial is at the evidence stage, considering his prolonged custody.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties.
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.48778 of 2022
Arising Out of PS. Case No.-30 Year-2019 Thana- MAHILA P.S. District- Kishanganj
MD. MUKTHAR Son of Hefzul Rahman @ Hefzur Ali R/V- Simariya, P.sKorha, Dist- katihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. With Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 07-12-2022
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has earlier moved this Court for grant of bail in Cr. Misc. No. 82399 of 2019, which was rejected vide order dated 01.06.2022, as contained in Annexure-1.
Mr. N.K. Agrawal, learned senior counsel appearing for the petitioner submits that petitioner has renewed his prayer on the fresh ground that the petitioner is in custody since 19.08.2019 and as such by now he has remained in custody for over three years.
Vide order dated 12.10.2022, a report was called for from the court below with regard to the stage of trial, which is received and is kept at Flag- ‘B’. Perusal of the report shows
Patna High Court CR. MISC. No.48778 of 2022(5) dt.07-12-2022 2/2
that the case is at the stage of evidence of prosecution.
Considering the submissions advanced on behalf of the parties, the report of the trial Court as also the period undergone by the petitioner in custody, this Court is inclined to grant bail. The petitioner, above named, is directed to 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 I-cum-Special Judge, Kishanganj in connection with Special Case No. 29 of 2019 arising out of Mahila P.S. Case No. 30 of 2019.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in custody for over three years and is at the stage of evidence recording?
Whether the fresh ground of prolonged custody justifies a new prayer for bail?
1 provisions across 1 enactments
MD. MUKTHAR Son of Hefzul Rahman @ Hefzur Ali
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
