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2023 Supreme(Online)(Pat) 6650
PATNA HIGH COURT
Mr. Justice Prabhat Kumar Singh
SHAMBHU YADAV @ SAMBHU YADAV @ SHAMBHU KUMAR YADAV – Appellant
Versus
The State – Respondent
CR. MISC./52783/2022
An accused person is entitled to bail if the trial is delayed and he has been in custody for a prolonged period.
Headnote:
BAIL - DELAY IN TRIAL - BAIL GRANTED
Fact of the Case:
The petitioner was arrested on 10.12.2020 and his bail petition was rejected on 15.02.2022. The trial court report revealed that the case was pending for appearance of accused persons and summons had already been issued.
Finding of the Court:
Considering the tardy progress of the trial and the fact that the petitioner was in custody since 10.12.2020, the court allowed the bail petition.
Issues: Whether the petitioner should be granted bail considering the delay in trial.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering the delay in trial and the fact that he had been in custody since 10.12.2020.
Final Decision: The court allowed the bail petition and directed the release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52783 of 2022
Arising Out of PS. Case No.-98 Year-2020 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
SHAMBHU YADAV @ SAMBHU YADAV @ SHAMBHU KUMAR
YADAV SON OF LATE GHURAN YADAV R/O VILLAGE- GOTH
NARAHIYA, P.S.- LAUKAHI, DISTRICT- MADHUBANI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Jitendra Kumar Bharti
For the Opposite Party/s :
Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3
11-01-2023
Heard learned counsel for the parties.
Earlier, the bail petition of petitioner was rejected,
vide order dated 15.02.2022 passed in Cr.Misc. No. 61687 of
2021 (Annexure - 1).
The trial court report, which was called for vide order
dated 23.11.2022, reveals that the case is pending for
appearance of accused persons, for which, summons have
already been issued.
Considering the tardy progress of the trial and the fact
that petitioner is in custody since 10.12.2020, the prayer for bail
of petitioner is allowed. Let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.52783 of 2022(3) dt.11-01-2023
2/2
satisfaction of learned A.C.J.M. 1st, Jhanjharpur, Madhubani in
connection with Bhairabsthan P.S. Case No. 98 of 2020,
corresponding to G.R. No. 1274 of 2020.
anay/-
(Prabhat Kumar Singh, J)
U
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