High Court granted bail to petitioners accused of murder and possession of fire arms. Court directed release upon furnishing bond conditions and ensuring attendance at trial.
Release on bail of Rs. 10,000 with two sureties, each a near relative or owner of immovable property.
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Patna High Court Cr.Misc. No.17888 of 2014 (2) dt.02-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17888 of 2014
====================================================== 1. Ram Babu Singh 2. Shayam Babu Singh Both sons of Bhairon Singh Resident of villageDariyapur, P.S- Dariyapur, District- Saran at Chapra. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
The petitioners pray for grant of bail in connection with Dariyapur P.S. Case No. 117 of 2004 initially registered for the offence under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code, 27 of the Arms Act and later on, Section 302 of the Indian Penal Code was added.
Allegedly, the petitioners and other accused person went at the boring of the informant, assaulted him and co-accused Himanshu Singh shot which proved fatal.
Submission at the bar for release of the petitioners is that against the petitioners final form was submitted but the
Patna High Court Cr.Misc. No.17888 of 2014 (2) dt.02-06-2014
learned Magistrate differing with the opinion took cognizance on 07.10.2006 but that order was not having signature of the presiding officer resulting the same was signed on 06.05.2010 due to which the petitioners remained absent, however, the petitioners surrendered voluntarily on 14.03.2014 and since then they are in custody, similarly situated other co-accused are enjoying the privilege of bail.
The learned Additional Public Prosecutor opposes the prayer of bail by submitting that petitioners remained absent since long.
In the facts and circumstances as stated above, now considering the detention of the petitioners, they (Ram Babu Singh and Shayam Babu Singh) are directed to be released on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge-V, Saran at Chapra in connection with Sessions Trial No. 526 of 2012 arising out of Dariyapur P.S. Case No. 117 of 2004 with conditions that one of the bailors must be near relative and the other having sufficient immovable property within the jurisdiction of the trial court and further both the petitioners shall remain present during
Patna High Court Cr.Misc. No.17888 of 2014 (2) dt.02-06-2014
the trial on each and every date and two consecutive defaults without any reasonable cause shall disentitle them from the privilege of bail.
(Jitendra Mohan Sharma, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioners are entitled to be released on bail in a case involving alleged attempt to murder and grievous hurt.
3 provisions across 2 enactments
Ram Babu Singh
Shayam Babu Singh
The State Of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
