High Court of Patna entertained the petitioner's bail application amidst a two-year delay in trial with no witnesses examined. The Court granted bail emphasizing the violation of speedy trial timelines.
Petitioner released on bail on furnishing bonds of Rs. 20,000 with two sureties each under conditions of strict court attendance.
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.67325 of 2023
Arising Out of PS. Case No.-584 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
Nitish Yadav @ Nitish Kumar, S/o Chano Yadav, Resident of Village- Yadav Nagar, P.S. Madhepura (Bharrahi O.P), Dist. Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Yadav, Advocate Mr.Surya Narayan Yadav, Advocate For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 03-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.67325 of 2023(3) dt.03-11-2023 2/4
was granted liberty to renew his prayer for bail, if the trial was not concluded within the stipulated period.
Patna High Court CR. MISC. No.67325 of 2023(3) dt.03-11-2023 3/4
number of persons with lathi and danda . Learned counsel further submits that all other co-accused persons have been granted bail by different Co-ordinate Benches of this Court and this fact has been mentioned in paragraph 17 of the instant petition. The case of the petitioner is on similar footing.
Patna High Court CR. MISC. No.67325 of 2023(3) dt.03-11-2023 4/4
(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 bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the delay in trial and lack of examination of witnesses.
1 provisions across 1 enactments
Nitish Yadav
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
