Single Judge oral order granting bail to petitioner in a land-dispute related riot case. Court considered omnibus nature of allegations and bail of co-accused before directing execution of bond.
Petitioner directed to be released on bail on execution of bail bond of Rs. 10,000/- with two sureties.
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Patna High Court Cr.Misc. No.31688 of 2014 (2) dt.17-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31688 of 2014
Arising Out of PS.Case No. -32 Year- 2013 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Kedar Ram S/o Ramnath Ram Resident of village- Sadwa, P.S.- Sidhwalia, District- Gopalganj .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Srivastava For the Opposite Party/s : Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-09-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Sidhwalia P.S. Case No. 32 of 2013 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 302 and 504 of the Indian Penal Code.
Allegedly, when the informant was sitting at his door along with his family members, the petitioner and other coaccused came there, abused them and on protest, the petitioner and other co-accused brutally assaulted the informant and his family members with lathi as a result of which the wife of the informant sustained injuries causing her death. The reason behind the occurrence is land dispute.
Patna High Court Cr.Misc. No.31688 of 2014 (2) dt.17-09-2014
Submission at the bar for release of the petitioner is that in this case other co-accused persons have already been allowed bail by another Bench of this Court vide Cr. Misc. No. 43424 of 2013 and 22988 of 2014. There is no specific allegation against anyone and the allegation as alleged is omnibus and general in nature to which the learned APP also concedes.
In the facts and circumstances as stated above, the petitioner Kedar Ram 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 Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No. 32 of 2013, 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
2 issues framed by the court
Whether the petitioner should be granted bail in connection with offences under Sections 147, 148, 149, 323, 307, 302 and 504 IPC.
Whether the omnibus nature of allegations and prior bail of co-accused warrants release on bail for the petitioner.
Kedar Ram
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
