The High Court of Patna granted bail to the petitioner who had been in custody after his initial bail was cancelled due to an unauthorized case transfer. Considering the custody period and lack of knowledge regarding the transfer, bail was allowed.
Release on bail with bonds of Rs.10,000/- and two sureties of the 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.75058 of 2023
Arising Out of PS. Case No.-277 Year-2014 Thana- SASARAM MUFFSIL District- Rohtas
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Bimlesh Kumar @ Bimlesh Singh Son Of Kamta Singh Ro Village- Balthua, P.S.- Sasaram (M), Dist.- Rohtas
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
2 01-12-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.75058 of 2023(2) dt.01-12-2023 2/3
physically present before the learned Sessions Court on 23.07.2015. On 18.06.2015, learned Sessions Judge, Rohtas Sasaram transferred this case to A.D.J.V, Rohtas at Sasaram, regarding which petitioner had no knowledge. As a result, the petitioner along with other co-accused persons was absent since 23.07.2015 and hence the bail bond of the petitioner was cancelled on 23.06.2016.
Patna High Court CR. MISC. No.75058 of 2023(2) dt.01-12-2023 3/3
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 363 of 2015 arising out of Sasaram (M) P.S. Case No. 277 of 2014, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail having been in custody due to an erroneous cancellation of bail arising from a case transfer unknown to the accused.
Whether the period of custody undergone by the petitioner should be considered in granting bail.
Bimlesh Kumar @ Bimlesh Singh
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
