Patna High Court granted bail to Islam Mian, accused of murder and arms offences as a mob member who had been in custody since 2010, noting that a similarly situated co-accused had already been released on bail.
Petitioner directed to be released on bail on execution of a bail bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.26625 of 2014 (2) dt.13-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26625 of 2014
Arising Out of PS.Case No. -133 Year- 2000 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Islam Mian son of Late Raphul Mian resident of village - Ahirawa Tola, Raxaul, P.O. and P.S. Raxaul, District - East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 13-08-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Raxaul P.S. Case No. 133 of 2000 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act. From perusal of the fard-beyan it reveals that the only allegation against the petitioner is that he was the member of mob and he is not the assailant but he remained absconding since long and has been apprehended on 22.12.2010 and since then he is in custody.
Submission at the bar for release of the petitioner is that similarly situated co-accused Jaffrullah Khan has been
Patna High Court Cr.Misc. No.26625 of 2014 (2) dt.13-08-2014
allowed bail by the another Bench of this Court vide Cr. Misc. No. 23400 of 2004 and for his period of absconding he suffered by remaining in custody. He got no criminal antecedent and as such deserves sympathetic consideration.
Considering the fact that the petitioner was only the member of mob and similarly situated another co-accused has been allowed bail and now by remaining in custody he has sufficiently been punished and as such, the petitioner Islam Mian is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Motihari, East Champaran in connection with Raxaul P.S. Case No. 133 of 2000, subject to the 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)
avin/-
U T
1 issue framed by the court
Whether the petitioner, a member of the mob who absconded and was apprehended, is entitled to release on bail considering that a similarly situated co-accused has already been granted bail.
2 provisions across 2 enactments
Islam Mian
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
