Court granted bail to three petitioners in an investigation related to a death, considering lack of incriminating material, oral notice of presence near the scene, and prior bail of a juvenile co-accused.
Released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.
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.13967 of 2013
======================================================
====================================================== Appearance :
For the Petitioner/s : Mr. D.N.Tiwari
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
Informant’s son was found missing and subsequent thereof, his dead body was found on the following day. The evidence of presence of injury over his person was found. The informant had also narrated that he had seen the petitioners along with others (counting 11) to be gathered at Bathan of Sakati Singh on the preceding evening followed by appearance of Sakti Singh at his house as well as gossiping with the deceased.
Contention on behalf of the petitioners is that there happens to be no material to connect them with the offence so alleged and the aforesaid fact is itself evident from the order
Patna High Court Cr.Misc. No.13967 of 2013 (2) dt.03-04-2013
2 / 2
impugned. It is also submitted that co-accused Shakti Singh @ Shakti Kumar Sahni was found to be juvenile and in the aforesaid background, he was granted bail in Criminal Revision No. 276/2013, vide order dated 20.03.2013.
It is also submitted that due to submission of charge sheet there happens to be no future prospect of getting any incriminating materials against the petitioner. It is also submitted that the petitioners happen to be under custody since 08.12.2012.
On the other hand learned Additional P.P. opposes the prayer and submitted that the offence was committed in dead night as such it was difficult to have an eye witness to occurrence.
In the aforesaid facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupeees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Barari (Semapur) P.S. Case No. 284 of 2012.
(Aditya Kumar Trivedi, J)
Sudha/-
1 issue framed by the court
Whether petitioners in custody should be released on bail given lack of material connecting them to the offence and juvenile co-accused granted bail.
Raj Kumar Sahani
Pradeep Sahani
Rabindra Sahani
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
