This criminal miscellaneous order granted bail to the petitioner in a murder case. The petitioner's counsel conceded the petitioner was not an assailant, leading the court to release him on bail bond and sureties.
Petitioner released on bail 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.12818 of 2014
Arising Out of PS.Case No. -242 Year- 2010 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Dharmendra Rai @ Dharmendra Singh Son Of Vijay Rai Resident Of Village- Bhindua, P.S. Kusheshwar Sthan, District- Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Adv For the Opposite Party/s : Mr. Durgesh Nandan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 12-08-2014 Learned counsel for the petitioner seeks permission to correct the prayer portion. Allowed.
Heard learned counsel for the petitioner as well as learned APP for the State.
While informant was returning at 2:00 a.m. after participating in Durga Puja, he was intercepted by Dharmendra Rai and Gautam Rai who brutally assaulted him by lathi , on account thereof, he became unconscious.
It has been submitted on behalf of the petitioner that in the Fard-e-beyan there happens to be absence of name of son of informant namely, Bablu regarding whom subsequently, the narration goes that he was caught hold by the petitioner and was given a lathi stroke by Gautam Rai in the night of 15/16-10-2010
Patna High Court Cr.Misc. No.12818 of 2014 (3) dt.12-08-2014
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resulting injury leading to his death, during course of treatment after three days. It has further been submitted that from further statement under para-4 of the case diary along with statement of witnesses under paragraphs 5,9,10, it is evident that the family members are not eyewitnesses to occurrence. Then thereafter, the prosecution party changed its side and claimed to be eyewitnesses to occurrence and also implicated others during course of their statement under Section 164 Cr.P.C recorded under paragraphs 57, 58, 59, 60, 68 and 69. However, status of petitioner remained same to be non assailant.
On the other hand, learned APP opposed the prayer for bail but fairly concedes so far as status of petitioner is concerned.
As such, petitioner, Dharmendra Rai @ Dharmendra Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Adhoc ADJ, II, Benipur, Distt-Darbhanga in S.T. No. 56/2014 (arising out of Kusheshwar Sthan P.S. Case No. 242/2010.
(Aditya Kumar Trivedi, J)
perwez
U T
1 issue framed by the court
Whether the state's opposition to bail stands in light of the petitioner's conceded non-assailant status?
Dharmendra Rai @ Dharmendra Singh
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
