Oral bail order released petitioner Maheshwar Singh on ₹10,000 bond with two sureties. Court found insufficient evidence in case diary despite judicial notice of land mafia activities in the vicinity.
Petitioner released on bail on furnishing bond of ₹10,000 with two sureties of 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.32346 of 2014 (2) dt.23-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32346 of 2014
Arising Out of PS.Case No. -624 Year- 2013 Thana -PHULWARI District- PATNA
====================================================== Maheshwar Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 2 23-09-2014 Heard Sri Ajay Kumar Thakur, learned counsel for the petitioner. None appears on behalf of the State on calls.
Petitioner is in custody in Phulwarisharif (Janipur) P.S. Case No.624 of 2013 since 25.02.2014.
The informant of the case happened to be the wife of the deceased Kamal Nayan Sharma who had undisputedly executed a few powers of attorney in favour of Ramashankar Prasad and to one such power of attorney the present petitioner had been the attesting witness. It is undisputed that the lady was being tortured by the deceased and, as such, she was living with his father in West Bengal since 16.08.2011 and she came back to her matrimonial house after about two years on 09.05.2013 to find her house locked and her husband absent. She gathered the information from the villagers that the deceased was traceless for a
Patna High Court Cr.Misc. No.32346 of 2014 (2) dt.23-09-2014
year and she further gathered information that Ramashankar Prasad had got a few powers of attorney executed in his favour to which this petitioner was one of the attesting witness. The lady suspected that in order to grabbing the land of her husband, the said Ramashankar Prasad and others caused disappearance of her husband in such a way as to believe that her husband murdered had actually been murdered.
The learned Additional Sessions Judge, Patna who refused the prayer for bail has noticed an order passed by this Court in CWJC No.982 of 2013 in which the Court had taken judicial notice of the fact that the land mafia appears operating in the vicinity of Patna. Besides that, the learned Judge has noted the confessional statement of Jai Prakash indicating the involvement of the petitioner in the commission of the offence. Nothing appears recorded by the learned trial Judge from the case diary which could give a definite inkling as regards the complicity of any one in commission of either of the murder of the deceased or his abduction with the purpose to cause his disappearance in such a way as to be presumed to be murdered.
The materials only raise a suspicion and considering that let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two
Patna High Court Cr.Misc. No.32346 of 2014 (2) dt.23-09-2014
sureties of the like amount each to the satisfaction of Judicial
Magistrate, Ist Class, Patna in the above noted case.
(Dharnidhar Jha, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner, attesting witness to powers of attorney, should be released on bail despite suspicion of land grabbing.
Maheshwar Singh
The State of Bihar
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
