Petitioners acquitted accused named in a case based on false implication and lack of evidence were enlarged on bail by furnishing bonds and sureties.
Petitioners enlarged on bail by furnishing bonds of Rs.10,000 each with two sureties of the like amount to the Additional Sessions Judge.
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.49584 of 2012
====================================================== 1. Rudal Mahaldar 2. Dasrath Mahaldar Both S/O Gore Lal Mahaldar R/O Village - Majdiha, P.S. Kursela, District - Katihar.... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 05-04-2013 Learned counsel is permitted to make necessary correction in the light of report of the trial court, in paragraph 1 and prayer portion of the application.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Both the petitioners are named accused in this case but on being suspicion. Submission is of false implication and except suspicion without any substantive support, there is absolutely nothing. Further, none of these two petitioners carry any criminal antecedent.
If it is so, the petitioners are directed to be enlarged on bail on each furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Naugachia Bhagalpur in S.Tr. no. 49 of 2013 arising out of Gopalpur P.S.
2
Case no. 34 of 2012 with the condition that the petitioners shall remain present before the court below on each and every date till disposal of the case. In the event of failure to attend the court on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J)
A.Ahmad/-
1 issue framed by the court
Whether accused petitioners are to be enlarged on bail given the lack of substantive evidence against them.
Rudal Mahaldar and Dasrath Mahaldar
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
