The Patna High Court granted bail to the petitioner in a case involving death by hurt. The court directed release on execution of a bail bond with conditions regarding caucuses presence in court.
Petitioner directed to be released on bail on execution of a bond of Rs. 10,000 with two sureties.
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.44875 of 2014 (2) dt.17-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44875 of 2014 Arising Out of PS.Case No. -228 Year- 2013 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== 1. Sidheshwar Yadav S/o Rajo Yadav, R/o Village- Dewdha, P.S.Dipnagar, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 17-12-2014 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in connection with Deepnagar P.S. Case No. 228 of 2013 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegedly, for draining water there was dispute and the petitioner and others started assaulting Rubi Devi and when informant’s father Laugi Chaudhary came for rescue, hurt was caused in his testicles to which he died.
Submission at the bar for release of the petitioner is that there is no specific allegation, the deceased was old man suffering from injuries in his testicles from before and after taking
Patna High Court Cr.Misc. No.44875 of 2014 (2) dt.17-12-2014
the advantage of his death the petitioner and others have been implicated to which the learned APP opposes.
In the facts and circumstances stated above and considering the period of detention since 24.4.2014, the petitioner Sidheshwar Yadav 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, Nalanda in connection with Deepnagar P.S. Case No. 228 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
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving death by bodily injury during a dispute over water drainage.
Sidheshwar Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
