The Patna High Court rejected the bail application of the petitioner who is an absconder for 13 years in a serious criminal case involving attempts to murder and opening fire on police personnel.
Prayer for bail rejected and petitioner not enlarged on bail.
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.31785 of 2014
Arising Out of PS.Case No. -48 Year- 1997 Thana -BELDAUR District- KHAGARIA ====================================================== 1. Dinesh Sada S/o Debu Sada 2. Bilakchhan Sada S/o Mathru Sada Both are resident of Village Baghara, P.S. Beldaur, District Khagaria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Bishweshwar Ram, Advocate. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 18-09-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in Beldaur P.S. Case No. 48 of 1997, instituted under Sections 147, 148, 149, 307, 353, 379/34, 511 of the Indian Penal Code and Section 27 of the Arms Act.
From perusal of the impugned order, it reveals that the petitioner remained absconder for the last 13 years in spite of the attachment of his property on 09.02.2001.
The allegation against the petitioner is of opening fire on the police personnel. Submission at the Bar for release of the petitioner is that the petitioner being a labourer had gone outside to earn his livelihood, but now he will attend the court regularly, to which learned A.P.P. seriously opposes.
Patna High Court Cr.Misc. No.31785 of 2014 (2) dt.18-09-2014
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In the facts and circumstances of the case, as stated above, and considering the period of absconding, at this stage this Court is not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 152 of 2014, arising out of Beldaur P.S. Case No. 48 of 1997, G.R. No. 711 of 1997, pending in the court of the learned Ad hoc District & Sessions Judge II, Khagaria. The prayer for bail is, accordingly, rejected.
(Jitendra Mohan Sharma, J)
Dilip/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a serious offence (opening fire on police) after absconding for 13 years.
Dinesh Sada
Bilakchhan Sada
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
