High Court Patna High Court - Orders

Rajesh Bhardwaj vs The State Of Bihar on 14 December, 2010

Patna High Court – Orders
Rajesh Bhardwaj vs The State Of Bihar on 14 December, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.41690 of 2010

                   RAJESH BHARDWAJ, Son of Sri Ganesh Prasad Singh, resident of
                  13/2 , Anandpuri, West Boring            Canal Road, Police Station-
                  Shrikrishnapuri, District-Patna              ---------------- Petitioner
                                           Versus
                                     THE STATE OF BIHAR
                                               -----------

03 14-12-2010 Heard Sri Y.V. Giri, learned Senior Counsel for the

petitioner, Sri N.A. Shamsi, learned counsel for the informant and

Sri Manish Kumar, learned Addl.Public Prosecutor for the State.

The petitioner, who is in custody in connection with

Sessions Trial No.106 of 2010 arising out of Arrah G.R.P.S. Case

No.73 of 2007 for the offences under Section 302 and other allied

Sections of the Indian Penal Code, has prayed for grant of bail

provisionally.

In the peculiar facts and circumstances , the present case

has been taken up out of turn due to the reason that father of the

petitioner, who was a Senior Advocate of this Court died in the

intervening night of 13th /14th December,2010. It was submitted by

Sri Y.V. Giri, learned Senior Counsel appearing on behalf of the

petitioner that the dead body of the father of the petitioner is laying

in the house and for doing last rites, it is necessary that he may be

directed to be released on provisional bail.

Sri N.A. Shamsi , learned counsel appearing on behalf of

the informant as well as Sri Manish Kumar, learned Addl.Public

Prosecutor for the State have fairly not objected to the prayer made

on behalf of the petitioner.

2

Keeping in view the sad demise of the father of the

petitioner, who was Senior Advocate of this Court, for the purpose

of doing last rites, it is desirable to extend the privilege of bail

provisionally to the petitioner for a period of three weeks. Let the

petitioner be released on provisional bail till 3rd January,2011 on

furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties

of the like amount each to the satisfaction of Addl. Sessions

Judge,IInd , Arrah in connection with Sessions Trial No.106 of

2010 arising out of Arrah G.R.P.S. Case No.73 of 2007 .

It is made clear that the petitioner shall surrender on 4th

January, 2011 before the court below. After surrendering the

petitioner is required to file an affidavit to inform this Court that he

has complied the order of this Court.

Let the order be communicated to the court below through

fax at the cost being deposited by the petitioner.

NKS/-                                   ( Rakesh Kumar, J.)