The High Court of Patna granted bail to the petitioner accused of murder under IPC sections 302, 326, 201, and 34, noting that the trial had stagnated with no witnesses examined, and the delay was not attributable to the petitioner.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the 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.50832 of 2023
Arising Out of PS. Case No.-124 Year-2021 Thana- MANSURCHAK District- Begusarai
====================================================== PRASHANT KUMAR JHA Son of Dewanand Jha Resident of village - Ward no. 11, Garai Gaon, Govindpur, P.S. - Mansoorchak, Distt. - Begusarai, Bihar 851128
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Apurv Harsh For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
4 06-10-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.50832 of 2023(4) dt.06-10-2023 2/3
submits that on 16.01.2023 the bail of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 32804 of 2022 with an observation that if the trial is not concluded within six months from the date of receipt of this order, the petitioner may renew his prayer for bail. He further submits that the present bail petition of the petitioner has been filed after nine months from the date of earlier rejection of bail prayer of the petitioner. He further submits that not a single witness has been examined in the case till today. He further submits that delay of trial is not attributable to the present petitioner as he is in custody since 05.03.2022 which is more than one year and seven months.
Patna High Court CR. MISC. No.50832 of 2023(4) dt.06-10-2023 3/3
of six months and delay of trial is not attributable to the petitioner, argument advanced on behalf of the both sides and also taking into consideration the material available on record, let the petitioner above named 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 Judicial Magistrate 1st Class, Begusarai in connection with Mansoorchak P.S. Case No. 124 of 2021, subject to following conditions:-
(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 all dates 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)
vashudha/-
U T
3 issues framed by the court
Whether the petitioner qualifies for bail considering the delay in trial is not attributable to him.
Whether the petitioner can be released on bail after a previous petition was rejected on the condition of trial within six months.
Whether the failure to examine witnesses justifies granting bail despite the serious charges involved.
1 provisions across 1 enactments
Prashant Kumar Jha
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
