Partly allowed

Samsera Mian @ Samser Mian v. The State Of Bihar

Patna HC25 Apr 2013CR. MISC./42489/2012

Case brief

AI extract

What is this about?

The Patna High Court disposed of two bail applications arising from a murder case. The Court granted bail to one petitioner with clean antecedents while rejecting the prayer for the other who had criminal records, and directed the trial court to expedite proceedings.

What did the court decide?

Bail granted to Samsera Mian on bond of Rs. 10,000 with two sureties; Bail rejected for Sipahi Rai; Direction to expedite trial within six months.

Samsera Mian @ Samser Mian Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2013)

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Patna High Court Cr.Misc. No.38937 of 2012 (12) dt.25-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38937 of 2012 ====================================================== Sipahi Rai, son of Gopal Rai, resident of Village- Piprakhem, P.S. Kalyanpur, District- East Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== WITH Criminal Miscellaneous No.42489 of 2012 ====================================================== Samsera Mian @ Samser Mian, son of Akbar Mian, Resident of VillagePipra Khem, P.S. Kalyanpur, District- East Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12 25-04-2013 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned counsel for the State. Both the cases have heard together and disposed of by common order as both the cases arises out of Kalyanpur P.S. Case No. 71 of 2011, registered under Sections 147, 148, 149, 302, 120(B), 109, 341 and 342 of the Indian Penal Code as well as Section 17 of the Criminal Law Amendment Act. The prosecution case as alleged that ten named accused persons including these petitioners came to the house of the informant and assaulted her husband by means of iron rod and dangerous weapon by which her husband, namely, Arbind Kumar succumbed to injury. Further it is alleged that the occurrence took

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Patna High Court Cr.Misc. No.38937 of 2012 (12) dt.25-04-2013

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place at the instigation of Ratnesh Sah, alleged to be a veteran criminal in which said Ratnesh Sah has threatened not to contest the election by which informant got elected, who happens to be wife of the deceased. It is alleged that since the deceased had opposed the bail of Ratnesh Sah, so he threatened to kill the deceased. It is further alleged that with conspiracy of this Ratnesh Sah the occurrence has been done. It is further alleged that said Ratnesh Sah was made an accused in Keshariya P.S. Case No. 32 of 2011, in which the husband of the informant was made a witness.

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Learned counsel for the petitioners submits that allegation made by the informant against all the accused persons are general and omnibus and there is no specific overt act mentioned against these petitioners either in the complaint or in the case.

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Learned counsel for the informant however, opposed the prayer for bail and it has been stated that Ratnesh Sah who is alleged to be conspirator, though, in jail and manage to done the death of the deceased and has his bail petition has been rejected by this Court and trial is proceeded and four witnesses have been examined in this case. Hence prayed for if the petitioners are release on bail, then there is chances of obstruction of the trial.

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Patna High Court Cr.Misc. No.38937 of 2012 (12) dt.25-04-2013

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Learned counsel for the petitioner Samsera Mian @ Samser Mian (in Cr. Misc. No. 42489 of 2012) has submitted that petitioner has clean antecedent and no case pending against him till now. It is further submitted that he is neither in an accused of Keshariya P.S. Case No. 32 of 2011 nor an accused in the complaint filed by the wife of the deceased, though, the said complaint has been dismissed.

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However, the petitioner Sipahi Rai (in Cr. Misc. No. 38937 of 2012) is concerned, whose named has find place in the complaint case and several criminal cases are pending against him. However, it is submitted that he is not an accused either in Keshriya P.S. Case no. 32 of 2011 or in the complaint.

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Having regard to the facts and circumstances of the case, since there is specific allegation against the petitioner, namely, Sipahi Rai (in Cr. Misc. No. 38937 of 2012) and has criminal antecedent, I am not inclined to grant bail to the petitioner, namely, Sipahi Rai. Accordingly, his prayer for bail is hereby rejected at this stage.

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So far, petitioner, namely, Samsera Mian @ Samser Mian (in Cr. Misc. No. 42489 of 2012) is concerned, he has no criminal antecedent and has no criminal antecedent, is order to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

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Patna High Court Cr.Misc. No.38937 of 2012 (12) dt.25-04-2013

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with two sureties of the like amount each to the satisfaction of the Learned 7^th Additional Sessions Judge, Motihari, East Champaran, in connection with Sessions Trial No. 734 of 2011 arising out of Kalyanpur P.S. Case No. 71 of 2011, subject to condition that petitioner will file Hazri in the nearest police station once in a fortnight till disposal of the case. Further condition that petitioner will appear on each and every date fixed in this case and will not terrorise or make any influence to the witnesses and any violation

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of condition shall be ground for cancellation of bail bond of the petitioner.

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However, the trial court is directed to expedite the trial on day to day basis for early disposal of the case preferably within a period of six months. Further, Superintendent of Police, Motihari, East Champaran, is also directed to give protection and care of the witnesses and to produce the witnesses on day to day basis for early disposal of the case. However, if the trial is not concluded within a period of six month for no fault of petitioner, namely, Sipahi Rai, he may renew his prayer for bail.

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m.p.

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(Gopal Prasad, J)

Samsera Mian @ Samser Mian v. The State Of Bihar

Case brief

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Samsera Mian @ Samser Mian v. The State Of Bihar

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