Patna High Court - Orders
Krishna Tiwari @ Krishna Singh vs The State Of Bihar on 13 August, 2012
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4212 of 2012
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Krishna Tiwari @ Krishna Singh, Son of Late Parabhu Singh.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
7 13-08-2012During the course of day, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the original application.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.
The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 121, 307, 120(B), 364, 224, 225 and 302 of the Indian Penal Code, Section 27 of Arms Act and Section 17 of the C.L.A. Act. In this case related to Jehanabad P.S. Case No. 314/2005 instituted against two named and several others, petitioner's name emerged during investigation and as pointed out by learned Additional Public Prosecutor that in paragraph - 84 of the case diary, the informant himself has named him but without any explanation for not disclosing the name at earlier stage.
Submission is of false implication and petitioner is in custody since 12.05.2007, but trial has just commenced without any further progress. Moreover, other co-accused, namely, Ramjee Prasad has already been released on bail vide order dated 04.12.2006 passed in Cr. Misc. No. 43639/2006 by another Bench of this Court. Further, petitioner is in custody only because of having criminal cases against him and in majority of Patna High Court Cr.Misc. No.4212 of 2012 (7) dt.13-08-2012 2 which, he is on bail.
If it is so, having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Adhoc Sessions Judge - III, Jehanabad, in connection with Trial No. 330 of 2012/17 of 2012 arising out of Jehanabad P.S. Case No. 314/2005, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Praveen-II/-