This oral order disposed of regular bail applications filed by Lal Babu Ray and Yogendra Rai in a criminal conspiracy case involving death and assault. The court granted bail subject to surrender within six weeks.
Applications allowed; bail granted conditional upon surrender within six weeks for pending FIRs.
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.19956 of 2012 ====================================================== Lal Babu Ray @ Lal Babu Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17641 of 2012 ====================================================== Yogendra Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
5 03-08-2012 Heard learned counsels for the petitioners, informant and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 302, 504, 120B of the I.P.C.
It is alleged against petitioners and others to have entered into the house and assaulted the victim and when the victim was taken to the hospital, he was also assaulted in the hospital when he subsequently succumbed to
Patna High Court Cr.Misc. No.19956 of 2012 (5) dt.03-08-2012
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the injury.
It is submitted on behalf of petitioner Lal Babu Rai that he happens to be the maternal uncle of the victim and the specific accusation of assault is against Arvind Rai with iron rod on head, Santosh Kumar with the butt of the pistol and Umesh Rai and others with fists and slaps. Hence accusation against the petitioner Lal Babu Rai is not specific.
It is submitted on behalf of Yogendra Rai who is accused in the counter case registered under Sections 147, 148, 149, 341, 323, 302 of the I.P.C. that accusation is against nine F.I.R. named accused persons and 20-25 unknown persons when assault was made to the son of the informant and the postmortem reflects only three injuries. Hence, it can not be specified that assault made by this petitioner actually caused injury to the victim and apart from that this petitioner is practicing lawyer having no criminal antecedent.
Considering the nature of accusation, particularly the fact that one person died from each side when the case and counter case was lodged and there is no specific accusation on either side of making assault, it is a fit case for consideration of regular bail, if the petitioners surrender within a period of six weeks in connection with Samastipur Town P.S. Case No. 511/2011 and 512/2012, pending in the Court of learned Chief Judicial Magistrate, Samastipur.
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With the observations above, the application
stands disposed off.
Let the order of this Court be transmitted
through FAX to the learned Court below at the cost of the
petitioners.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the petitioners, facing non-specific accusations in another's death case, are entitled to regular bail conditioned on surrender.
Whether the accused being a practicing lawyer with no criminal antecedents warrants bail consideration in a criminal conspiracy case.
Lal Babu Ray @ Lal Babu Rai
Yogendra Rai
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
