High Court granted bail to petitioner charged with kidnapping under S. 364 IPC. Considering the four-year delay with only one witness examined, the court ordered release on bond with two sureties under S. 437(3) Cr.P.C.
Release on bail furnishing bond of Rs.10,000 with two sureties of like amount to the satisfaction of the Sessions Judge, Madhepura.
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.15599 of 2022
Arising Out of PS. Case No.-100 Year-2019 Thana- MURLIGANJ District- Madhepura
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JITENDRA YADAV S/o Panuk Yadav Resident of Village- Beside Banmankhi, Bus Stand, P.S.- Banmankhi, District- Purnea.
... ... Petitioner/s Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Wasi Ahmad Khan, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 11-01-2023
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Session Trial No. 269 of 2019 arising out of Murliganj P.S. Case No. 100 of 2019 registered for the offence under Section 364 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and he is in custody since 24.03.2019.
The allegation against the petitioner is that he has kidnapped the brother of the informant alongwith other coaccused persons.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.15599 of 2022(4) dt.11-01-2023 2/3
submitted that the present bail petition is the second bail petition of accused petitioner as his prayer for bail on earlier occasion was refused to accept by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 56132 of 2019 vide order dated 18.12.2019. It is submitted that petitioner is in custody since 24.03.2019, almost about four years, having almost no progress in the trial, as only one witness had been examined in present case, till date. It is further submitted that petitioner cannot be kept behind the bar for any indefinite period of time, in want of trial, particularly in such circumstances when trial is not likely to conclude in near future.
While opposing the prayer for bail, learned Additional Public Prosecutor for the State submitted that the prayer for bail of petitioner has already rejected by one of the learned Coordinate Bench of this Court after considering the merit.
Considering the facts and circumstances, as mentioned above, as only one witness was examined during last four years which is sufficient to suggest that the trial is not likely to conclude in near future, let the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions
Patna High Court CR. MISC. No.15599 of 2022(4) dt.11-01-2023 3/3
Judge-4, Madhepura/concerned court in connection with Session Trial No. 269 of 2019 arising out of Murliganj P.S. Case No. 100 of 2019, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
veena/Pooja-
U T
3 issues framed by the court
Whether the petitioner should be released on bail after prolonged detention and lack of progress in trial.
Whether the refusal of bail by a coordinate bench influences the current decision.
What bail conditions and surety requirements should apply here.
1 provisions across 1 enactments
Jitendra Yadav
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
