The Patna High Court granted bail to the petitioner in a murder and theft case, noting that the case remained uncommitted to the trial court despite a six-month deadline, and the delay was not attributable to the petitioner.
Petitioner released on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount each.
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.62662 of 2023
Arising Out of PS. Case No.-112 Year-2020 Thana- NADI P.S. District- Patna
======================================================
DEEPAK KUMAR @ DEEPAK SAHANI SON OF KRISHNA SAHANI @ KRISHNA CHAUDHARY RESIDENT OF VILLAGE- SAMMASPUR TRIVENI GHAT, PS- NADI, DISTT- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nityanand Kumar For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 03-11-2023
Patna High Court CR. MISC. No.62662 of 2023(3) dt.03-11-2023 2/4
further submits that the bail prayer of the present petitioner has been rejected by this Court vide Cr. Misc. No. 42220 of 2022 on 30.01.2023 with direction to conclude the trial within six months from the date of receipt/production of said order and if trial is not concluded within the said stipulated period, the petitioner may renew prayer for bail. He further submits that since the date of rejection of previous bail order of petitioner, nine months have already been spent but up till now, this case has not been committed to the court of sessions for trial. He further submits that delay of trial is not in any way attributable to the petitioner as he is in custody since 01.09.2021. He further submits that petitioner is ready to co-operate in trial. He further submits that in the light of aforesaid submission, petitioner deserves bail.
Patna High Court CR. MISC. No.62662 of 2023(3) dt.03-11-2023 3/4
vide letter no. 109/2023 has sent its report which clearly indicates that case record is at the stage of appearance and case has not been committed to the court of sessions as yet.
(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.
Patna High Court CR. MISC. No.62662 of 2023(3) dt.03-11-2023 4/4
(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)
shahzad/-
U T
3 issues framed by the court
Whether the petitioner deserves bail after remaining in custody for over two years due to delay in trial attributable to authorities.
Whether the non-commission of the case to the Session Court within the stipulated period justifies release on bail.
Whether the petitioner satisfies the conditions precedent for granting bail in a case involving murder and theft.
1 provisions across 1 enactments
Deepak Kumar @ Deepak Sahani
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
