Patna High Court granted bail to petitioners stranded in custody for nearly six months. They were accused under IPC Sections 307, 379, 504/34 and Arms Act Section 27. Bail conditionally granted pending investigation.
Release on bail by furnishing bonds of Rs. 10,000/- each with two sureties of like amount.
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.14982 of 2013
======================================================
1. Pukar Sahani S/O Chethru Sahani R/O Vill.- Kahuahi, P.S.- Sheohar,
Dist.- Sheohar
2. Ram Sevak Sahani S/O Chetru Sahani R/O Vill.- Kahuahi, P.S.-
Sheohar, Dist.- Sheohar
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
02/ 02-07-2013 Heard learned counsels for the petitioners and the
State.
The petitioners are languishing in custody since 09.01.2013 in a case registered for the offences punishable under Sections 307, 379, 504/34 of the Indian Penal Code and 27 of the Arms Act.
It is specifically alleged that petitioner Ram Sevak Sahani fired causing injury on the left hand of the informant when the accusation of firing is not against petitioner Pukar Sahani.
It is submitted by learned counsel for the petitioners that there is no accusation of repetition of firing when it is submitted by learned counsel for the informant that the petitioners are involved in three other cases.
Patna High Court Cr.Misc. No.14982 of 2013 (2) dt.02-07-2013 2/2
Considering the period under custody, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Sheohar in connection with Sheohar P.S. Case No. 03 of 2013.
The learned court below will be at liberty to cancel the bail bonds of the petitioners, if they get substantially involved in similar nature of the offence or default for three consecutive occasions.
(Dinesh Kumar Singh, J.)
DKS/
1 issue framed by the court
Whether the petitioners in custody should be granted bail while already involved in other cases.
2 provisions across 2 enactments
Pukar Sahani
Ram Sevak Sahani
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
