The High Court granted bail to Deepesh Kumar Singh in a murder and arms trial case where the trial had delayed beyond the stipulated six months, though some prosecution witnesses remained unexamined.
Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount upon furnishing same to the learned Sessions Judge.
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.64983 of 2023
Arising Out of PS. Case No.-116 Year-2021 Thana- ARA MUFFSIL District- Bhojpur
======================================================
DEEPESH KUMAR SINGH @ DEEPESH S/O RAS BIHARI SINGH R/O VILLAGE- IJARI PIPARA, P.S- ARA MUFFASIL (O.P. DHOBAHAN), DISTT.- BHOJPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Rajesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 03-11-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.64983 of 2023(3) dt.03-11-2023 2/4
seven cases. He further submits that the bail prayer of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 36418 of 2022 on 17.01.2023 with an observation that the learned trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order to the court concerned. If the trial is not concluded within the stipulated period, petitioner may renew his prayer for bail. He further submits that the present bail petition of the petitioner has been filed after eight and half months from the date of rejection of his previous bail prayer and only one prosecution witness has been examined out of ten prosecution witnesses. He further submits that the delay of trial is not attributable to the present petitioner as he is in custody since 31.03.2022.
Patna High Court CR. MISC. No.64983 of 2023(3) dt.03-11-2023 3/4
case is pending at the stage of prosecution evidence and out of ten prosecution witnesses, one prosecution witness has been examined.
(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
Patna High Court CR. MISC. No.64983 of 2023(3) dt.03-11-2023 4/4
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)
alok/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail given the delay in trial exceeding six months and custody duration of over one and a half years.
Whether the conditions stipulated for the release on bail are appropriate under the circumstances.
2 provisions across 2 enactments
Deepesh Kumar Singh @ Deepesh
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
