In a murder case, the Patna High Court granted regular bail to the petitioner despite antecedents, noting that some co-accused had already been released and a driver witness had contradicted his earlier statement.
Release of the petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of similar 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.17575 of 2014
Arising Out of PS.Case No. -50 Year- 2007 Thana -NARPATGANJ District- ARRARIA
====================================================== Devanand Jha .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 16-07-2014 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in a case registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
In presence of driver, namely Ramesh Goswami, Arun Golchha was murdered and that driver in his statement under Section 164 Cr.P.C. has stated that the petitioner is the main assailant, who fired upon Arun Golchha by pistol and thereafter Dhirendra Yadav fired upon him by Carbine. Some of co-accused have confessed their guilt vide paras 177,178 and 184 of the case diary. Thereafter Ramesh Goswami took ‘U’ turn and during trial he did not support the version as stated under Section 164 Cr.P.C.
Submission for release of the petitioner is that in the
Patna High Court Cr.Misc. No.17575 of 2014 (3) dt.16-07-2014
statement u/s 164 Cr.P.C. the name of Lakshmi Nr. Mehta and Arbind Yadav was also taken but they were allowed pre arrest bail vide Cr. Misc. No.5604/2011 and Cr. Misc. no.5834 of 2011 by another Bench of this Court. Similarly other co accused who has confessed their guilt have already been allowed bail. Ramesh Goswami has filed a Complaint Case No. 3242/2011 against Mulchand Golchha and others on 7.12.2011 narrating as to how under pressure his statement was got recorded u/s 164 Cr.P.C. and the petitioner is suffering in custody since 31/10/2013. He has got criminal antecedent but in all cases he is on bail and as such the petitioner deserves sympathetic consideration to which learned A.P.P. after going through the case diary submits that in the earlier version Ramesh Goswami, the driver, has stated regarding involvement of the petitioner as one of the assailant but later on he took ‘U’ turn.
In the facts and circumstances, as stated above, considering that two accused have allowed pre arrest bail by another Bench of this Court and some have already been allowed regular bail, the petitioner Devanand Jha, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in Narpatganj P.S.Case No. 50/2007,subject to the
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Patna High Court Cr.Misc. No.17575 of 2014 (3) dt.16-07-2014
conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
singh/-
U
3
1 issue framed by the court
Whether the petitioner should be granted regular bail in a murder case with conflicting witness statements and prior bail orders for co-accused.
3 provisions across 3 enactments
Devanand Jha
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
