The court granted bail to the petitioner charged under Sections 489AB/34 IPC, noting the trial had not progressed and was unlikely to conclude soon, directing the court to complete it within a year.
Petitioner released on bail with bonds of Rs. 10,000 each to two sureties, one being a close relative, under conditions of good behavior and court attendance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26303 of 2024
Arising Out of PS. Case No.-385 Year-2021 Thana- KHAIRA District- Saran
======================================================
Anwar Ali Son of Late Allauddin Resident of Village- Hardi Chapra, Police Station- Khaira, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Roy For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 20-07-2024
Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 489(A)(B)(C)/34 of the Indian Penal Code.
Earlier the prayer for bail of the petitioner was rejected vide order dated 16.01.2023 passed in Cr. Misc. No. 48501 of 2022 with an observation to the Trial Court to expedite the trial and conclude the same as early as possible.
Patna High Court CR. MISC. No.26303 of 2024(3) dt.20-07-2024 2/3
In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-R. The report of learned Additional District & Sessions Judge-I, Saran, Chapra dated 01.06.2024 suggests that up-till-now not a single witness has been examined and the trial shall be concluded within one year which suggests that there is no likelihood of the trial being concluded in near future.
Considering the fact that there is no likelihood of the trial being concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Khaira P.S. Case No. 385 of 2021, subject to the conditions (i) that one of the bailors shall be close relative of the
Patna High Court CR. MISC. No.26303 of 2024(3) dt.20-07-2024 3/3
petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. (iii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of bail bonds of the petitioner.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering the delay in trial completion?
2 provisions across 1 enactments
Anwar Ali
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
