Bench allowed bail application for accused in murder/mb case. Court granted regular bail pending trial subject to bond and appearance conditions, reserving right to cancel if injury reports emerged.
Enlargement on bail with bond of Rs. 10,000 by each and two sureties, ensuring physical presence until disposal.
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.
Patna High Court Cr.Misc. No.47895 of 2012 (3) dt.05-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47895 of 2012
======================================================
1. Ramashray Hazara, son of Kaul Hazara
2. Chandrama Paswan, son of Ramashray Hazara
3. Santosh Hazara, son of Gopal Paswan
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER
3 05-04-2013 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary.
This application has been filed for the grant of regular bail to the petitioners who have been made an accused in a case registered for the offences punishable under Sections 307, 302, 147, 148, 149, 341, 323 and 324 of the Indian Penal Code.
All the three petitioners are named accused in this case with allegation of taking active part in a case of assault resulting into ultimate death of informant’s father who allegedly sustained Farsa injuries caused by petitioner nos. 1 and 3. But, as submitted, Post Mortem Examination Report does not support the allegation. Petitioner no. 2 is said to be author of inflicting simple injuries upon one Kameshwar Paswan. Further, none of these three petitioners carry any criminal antecedent.
Patna High Court Cr.Misc. No.47895 of 2012 (3) dt.05-04-2013
If, it is so, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, in connection with Sangrampur P.S. Case No. 127/2012 , with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
However, since initial injury report of the deceased is not available, prosecution is at liberty to seek cancellation of privilege of the assailants of the deceased, if anything to support their assertions comes by way of injury report etc.
Rajeev/-
(Akhilesh Chandra, J)
2 issues framed by the court
Whether to grant regular bail to petitioners accused of offences under Sections 307, 302 IPC.
Whether the lack of criminal antecedents and Post Mortem Report discrepancies warrant bail.
1 provisions across 1 enactments
Ramashray Hazara
Chandrama Paswan
Santosh Hazara
The State of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
