Short order allowing regular bail for petitioner facing murder charges after delay in trial, citing lack of trial progress and petitioner's health and antecedents, subject to strict undertakings.
Released on bail of Rs. 20,000 with two sureties of like amount subject to strict conditions of presence and cooperation in trial.
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.22615 of 2023
Arising Out of PS. Case No.-218 Year-2021 Thana- GANDHIMAIDAN District- Patna
======================================================
Prince Kumar Son Of Baidhnath Prasad @ Baijnath Prasad @ Vaidhnath Prasad, R/O Postal Park, Chakki Mill Buddha Nagar, Gali No.01, P.S.Kankarbagh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Anand, Advocate For the Opposite Party/s : Mr. Jai Prakash Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
10 08-12-2023
Heard Mr. Saket Anand, learned counsel appearing on behalf of the petitioner and Mr. Jai Prakash Verma learned counsel of the informant as well as the Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.22615 of 2023(10) dt.08-12-2023 2/5
mobile phone from the possession of the petitioner and coaccused Avinash Kumar, just after the murder of the son of the informant and other circumstantial evidence, including the postmortem report which suggests that the death has taken place within the period when the deceased was taken away by the three accused persons and the petitioner met with an accident. While rejecting the prayer of the petitioner, this Court had observed and expectation was made that the learned Trial Court will take all necessary measures to ensure conclusion of trial as early as possible.
Patna High Court CR. MISC. No.22615 of 2023(10) dt.08-12-2023 3/5
declaration by the Court as juvenile. He next submits that during the pendency of this application the petitioner has also been allowed provisional bail for a period of two months, considering his deteriorating condition of fractured leg vide order dated 26.07.2023 and in terms of the order of this Court after getting proper treatment he positively surrendered before the Court below and to this effect surrender certificate has also been brought on record. He next submitted that the petitioner has been incarcerated since 22.04.2021 and even after lapse of more than 2 ½ years, the trial could not be concluded, moreover the petitioner as well as his parents have given undertaking that the petitioner will remain present before the learned Trial Court on each and every date. He lastly submits that the petitioner bears fair antecedent and he would certainly abide by the verdict rendered by the learned Trial Court.
Patna High Court CR. MISC. No.22615 of 2023(10) dt.08-12-2023 4/5
trial. They next submits that only the investigating officer of the case is required to be examined and there is every likelihood that the trial shall be concluded preferrably within a period of 2 to 3 months.
Patna High Court CR. MISC. No.22615 of 2023(10) dt.08-12-2023 5/5
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) He will remain present on each and every date of
trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J)
supratim/-
U
1 issue framed by the court
Whether the petitioner satisfies the requirements for delaying bail considering prolonged custody and lack of trial conclusion.
Prince Kumar
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
