Single Judge Cr. Misc. order granting petitioner bail in criminal case under IPC Sections 307 and others, noting lack of trial progress and co-accused bail, directing monthly court appearances.
Petitioner released on bail with ₹10,000 bond and two sureties; directed to appear monthly at Bhagalpur PS.
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.58692 of 2022
Arising Out of PS. Case No.-794 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur
======================================================
HIMANSHU SHEKHAR Son of Prahlad Choudhary Resident of VillageBarsaliganj, P.S.- Mojahidpur, District- Bhagalpur
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar For the Opposite Party/s : Mr.Shailendra Kumar Singh For the APP : Mr. Jharkhandi Upadhaya ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 11-01-2023
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The learned counsel for the petitioner has renewed his prayer for bail which was earlier rejected on 23.05.2022 vide Cr. Misc. No. 4927 of 2022.
The petitioner is in custody since 21.11.2021 in connection with Kotwali P.S. Case No. 794 of 2021 registered for the offence punishable under Sections 341, 323, 385, 386, 307 and 379 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that there has been no substantial progress in the trial and in view of the observation of this Court, the prayer for bail may be considered. He has also submitted that the main accused has been granted bail and no chargesheet has been submitted
Patna High Court CR. MISC. No.58692 of 2022(4) dt.11-01-2023 2/2
under section 307 of the I.P.C.
Considered the period of custody, the fact that the case is triable by magistrate and also that fact that one of the coaccused has been granted bail and also taking into consideration the submission of the leanred counsel for the petitioner that there has been no substantial progress in the trial, the petitioner is granted bail.
Accordingly, 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 Judicial Magistrate 1st class, Bhagalpur. in connection with Kotwali P.S. Case No. 794 of 2021.
The petitioner is directed to appear before the Mojahidpur Police Station of District Bhagalpur on the 1st Sunday of each month and he will appear himself or through his lawyer in the trial and if he trirs to delay the trial, the Trial Court is at liberty to cancel the bail bond of the petitioner.
(Sandeep Kumar, J)
Sunnykr/- U
2 issues framed by the court
Whether the petitioner, already in custody for alleged offences under Sections 341, 323, 385, 386, 307 and 379 IPC, is entitled to bail considering the lack of substantial progress in trial and grant
Whether the bond conditions requiring monthly appearance at the police station and readiness for trial impose sufficient safeguards against delay.
1 provisions across 1 enactments
Himanshu Shekhar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
