The Patna High Court allowed bail to the petitioner charged with offences under Sections 395, 392, and 412 of the IPC, relying on parity with co-accoused and the lack of trial progress, imposing conditions on bond sureties and appearance.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52255 of 2022
Arising Out of PS. Case No.-58 Year-2020 Thana- RAJNAGAR District- Madhubani
======================================================
AKASH KUMAR, S/o Satya Narayan Mukhiya, Resident of VillageKorahiya, P.S.- Jaynagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 12-10-2022
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in connection with Rajnagar P.S. Case No. 58 of 2020 registered under Sections 395, 392 and 412 of the IPC.
The petitioner's prayer for bail was earlier rejected on 05.03.2021 in Cr. Misc. No.39441 of 2020. Thereafter it was again rejected on 09.03.2022 in Cr. Misc. No.55503 of 2021. He is stated to be in custody since 25.02.2020. The prayer has been renewed claiming parity with co-accused against whom similar allegations, as has been made against the petitioner.
Learner counsel for the petitioner referred to the Order passed in the case of co-accused Abhishek Kumar Yadav in Cr .Misc. No.19198 of 2021 as also in the case of Vijay
Patna High Court CR. MISC. No.52255 of 2022(2) dt.12-10-2022 2/3
Kumar Sah in Cr. Misc. No.46875 of 2021. He further submits that there is no progress at the trial whatsoever.
The learner APP has opposed the prayer for bail.
Considering the rival submissions, claim based on parity and period of custody along with the fact that there is no progress at the trial, the prayer of bail for the petitioner is allowed. Let the petitioner above named 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 Learned Additional Sessions Judge 3rd , Madhubani, in Rajnagar P.S. Case No. 58 of 2020, subject to the following conditions:
This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks
Patna High Court CR. MISC. No.52255 of 2022(2) dt.12-10-2022 3/3
from the date he is called upon to do so by the office.
(Madhuresh Prasad, J)
shashank/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail considering the claim of parity with co-accused and lack of progress in trial.
Whether the petitioner can be released on bail subject to the prescribed conditions.
Akash Kumar
State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
