Single judge order granting bail to the petitioner in a criminal appeal case involving offences under IPC and Arms Act. Court noted trial delay not attributable to accused and directed release on security of Rs. 10,000 with conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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.30636 of 2023
Arising Out of PS. Case No.-510 Year-2021 Thana- SUPAUL District- Supaul
======================================================
MD FAIYAZ AHMAD @ LAL SON OF MD SABIR AHMAD RESIDENT OF VILLAGE NEMUA, PS- SUPAUL, DIST- SUPAUL
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Pathak For the informant : Mr. Mohit Shriwastava For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
5 15-09-2023
counsel for the Informant and learned A.P.P. for the State.
P.S. Case No. 510 of 2021 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 504, 506, 307, 379 of the Indian Penal Code and under Section 27 of the Arms Act.
Patna High Court CR. MISC. No.30636 of 2023(5) dt.15-09-2023 2/4
there is no likelihood of tampering with the prosecution evidence. He further submits that earlier vide order dated 12.07.2022 passed in Cr. Misc. No. 22262 of 2022 the bail of the present petitioner has been rejected by this Court with an observation that if the trial is not concluded within nine months from the date of said order, the petitioner may renew his prayer for bail. Learned counsel further submits that the present bail petition of the petitioner has been filed after one year from the date of earlier rejection of bail prayer of the petitioner. Learned counsel further submits that charge has been framed in this case on 24.08.2022, but till now despite the direction of this Court, the trial has not been concluded as yet. He further submits that delay of trial is not attributable to the present petitioner as he is in custody since 10.02.2022 and total period of custody undergone by the appellant is near about one year and seven months.
Patna High Court CR. MISC. No.30636 of 2023(5) dt.15-09-2023 3/4
Patna High Court CR. MISC. No.30636 of 2023(5) dt.15-09-2023 4/4
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on each and every date and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself.
(iii) 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.
(Alok Kumar Pandey, J)
amitkr/-
U T
2 issues framed by the court
Whether the petitioner ought to be released on bail considering the delay in trial and custody period from 10.02.2022.
Whether the trial delay is attributable to the petitioner.
Md Faiyaz Ahmad @ Lal
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
