The Patna High Court granted bail to two accused persons charged with murder in a road accident case, relying on the initial statement indicating an accident and supporting witness testimonies contrary to the prosecution's narrative.
Released on bail on furnishing a bond of Rs. 10,000/- each with two sureties of the like 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.
Patna High Court Cr.Misc. No.18103 of 2014 (4) dt.05-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18103 of 2014 ====================================================== 1. Indrajit Singh S/o Late Lakshmi Singh R/o Village - Charpokhari, P.S. - Charpokhari, District - Bhojpur 2. Dharmnath Tiwari S/o Late Ram Narayan Tiwari R/o Village - Deokuda, P.S. - Charpokhari, District - Bhojpur .... .... 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 4 05-06-2014 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners pray for grant of bail in connection with Agiaon (G) P.S. Case No. 170 of 2013 registered for the offence punishable under Section 302/34 of the Indian Penal Code.
Allegedly the devar of the informant being the truck driver was not paid his wages by accused no. 1, was caused threats, parked the truck of the accused person near his house which was dashed by tank lorry and on information given by the deceased, the accused person came being armed and took away him and later on, he was found seriously injured lying on the road,
Patna High Court Cr.Misc. No.18103 of 2014 (4) dt.05-06-2014
brought to Garhani Primary Health Centre from where he was referred to Ara Sadar Hospital where he was declared dead.
Submission at the bar for release of the petitioners is that at Garhani Primary Health Centre vide Annexure-3 the informant told the doctor concerned as accidental road case but later on, to extract money and to take advantage of the situation lodged a manufactured ferdbeyan which is not reliable and cogent, during investigation also several witnesses have supported that death was caused due to accident, CDR of mobile of the deceased and others vide para 86 to 90 of the case diary also suggest regarding the innocence of the petitioners and similarly situated co-accused, Sonamati Devi has been allowed pre-arrest bail by the Sessions Judge, Bhojpur, Ara itself vide order dated 11.02.2014.
The learned Additional Public Prosecutor opposes the prayer of bail by submitting that several witnesses including the informant have supported the prosecution case in its entirety as is mentioned in the impugned order.
In the facts and circumstances as stated above, in view of the entry made in Emergency Register of Primary Health Centre, Garhani that the patient brought is of accidental road case and further noticing the statements of several witnesses in this regard, the petitioners, Indrajit Singh and Dharmnath Tiwari are
Patna High Court Cr.Misc. No.18103 of 2014 (4) dt.05-06-2014
hereby 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon (G) P.S. Case No. 170 of 2013.
(Jitendra Mohan Sharma, J)
SHAHZAD/-
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in a case affixed with IPC Section 302 considering the informant's initial statement and subsequent conduct.
Whether the co-accused having been granted bail similarly affects the present bail application.
Indrajit Singh
Dharmnath Tiwari
State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
