The High Court granted bail to the petitioner in a Sessions Trial involving offences under sections 341, 323, 324, 307, and 506/34 IPC. Despite previous rejection and pending directions for expedited trial, bail was allowed due to trial delay and custody duration.
Petitioner released on bail of Rs. 20,000 with two sureties of equal 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.59492 of 2023
Arising Out of PS. Case No.-57 Year-2021 Thana- SIGAUDI District- Patna
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Neeraj Kumar, Son Of Siddhnath Singh, Resident Of Village - Jolhachak (Makhdumchak), P.S. - Sigaudi, District - Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mrs. Rashmi Jha, Advocate For the Opposite Party/s : Mrs.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 13-10-2023
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.59492 of 2023(4) dt.13-10-2023 2/3
While rejecting the prayer for bail, the learned trial court was directed to expedite the trial and conclude the same within a period of nine months. But despite specific direction, the trial has not been concluded and only two prosecution witnesses have been examined after framing of charge on 23.06.2022. The petitioner is in custody since 06.09.2021. The learned counsel further submits that the allegation of causing slit injury on the neck of the informant has been specifically made against the co-accused Billu Chaudhary. The allegation against the petitioner is that he tried to strangulate the informant by putting wire around his neck, but no such injury was found. The learned counsel further submits that the coaccused Arbind Kumar has been granted bail vide order dated 06.10.2023 passed in Cr. Misc. No.63749 of 2023.
the learned trial court wherein the learned trial court has submitted that out of 8 charge-sheet named witnesses, only two witnesses have been examined.
Patna High Court CR. MISC. No.59492 of 2023(4) dt.13-10-2023 3/3
submissions made on behalf of the parties and considering the fact that the trial is still at the initial stage and there is no likelihood of its conclusion in near future and further considering the period of the custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Danapur, District-Patna/court concerned in connection with Sessions Trial No. 71/2022 arising out of Sigaudi P.S. Case No. 57 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given the initial stage of trial and duration of custody.
Whether new grounds for bail were available to justify release.
1 provisions across 1 enactments
Neeraj Kumar
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
