High Court granted bail to the petitioner in a case involving offences under Section 392 IPC. The court considered the petitioner's custody period and undertaking to abide by conditions while granting bail on personal and surety bonds.
Release of the petitioner on bail with a bond of Rs. 10,000 and two sureties of like 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.16968 of 2024
Arising Out of PS. Case No.-35 Year-2002 Thana- GAYA MUFASIL District- Gaya
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Birbal Sao Son of Late Kuldeep Sao @ Radhey Sao R/o Mohalla- Vishnupad, P.S.- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shivendra Prasad, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
3 25-06-2024
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.16968 of 2024(3) dt.25-06-2024 2/3
granted to the petitioner. Learned counsel further submitted that on 27.09.2002, the petitioner was granted bail. Learned counsel further submitted that the bail bonds of the petitioner got cancelled on 19.03.2010, thereafter, proceedings under Section 82/83 of the Cr.P.C. were initiated. Learned counsel further submitted that on 01.11.2023, the petitioner surrendered in the learned Court below and since then, he is languishing in jail. Learned counsel further submitted that petitioner has not deliberately misused the privilege of bail granted to him. Learned counsel further submitted that petitioner undertakes to abide by any condition(s) imposed by this Court, if released on bail.
Patna High Court CR. MISC. No.16968 of 2024(3) dt.25-06-2024 3/3
No. 35 of 2002, 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 any date, 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 bail should be granted to the petitioner in the present criminal case considering his period of custody and undertaking.
Whether the petitioner has misused the privilege of bail granted earlier.
2 provisions across 2 enactments
Birbal Sao
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
