Oral order rejecting bail for Md. Alam and Md. Basir in a serious criminal case involving death by assault, while granting bail to Binod Kamat due to lack of specific overt acts against him.
Bail rejected for Md. Alam and Md. Basir; Bail granted to Binod Kamat on furnishing 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 13897 of 2015
Arising out of P.S.Case No.-370 Year-2014 Thana-SUPAUL District-SUPAUL ====================================================== 1. Md. Alam, Son of Md. Basir 2. Md. Basir, Son of Late Md. Sabdul, resident of village - Dehda, P.S. - Sonbarsa Raj, District - Saharsa .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No. 22636 of 2015 Arising out of P.S.Case No.-370 Year-2014 Thana-SUPAUL District-SUPAUL ====================================================== Binod Kamat @ Binod, S/o Kapleshware Kamat, Resident of Village At - Velahi, Ward No. 19, P.S. & District - Supaul .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
4 10-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.
These petitions are for grant of regular bail in a case under Sections 147, 148, 149, 323, 341, 324, 325, 307, 379, 380, 302 and 504 of the Indian Penal Code.
There is specific allegation against petitioner Md. Basir that he assaulted Md. Shamim on his head by means of Farsa as a result of which he sustained head injury. He also assaulted the mother of the informant on her eyes by means of Gupti as a result of which she became unconscious. Petitioner Md.
Alam also assaulted the mother of the informant by means of
Patna High Court Cr.Misc. No.13897 of 2015 (4) dt.10-08-2015
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Farsa on her arm and leg as a result of which she sustained injuries and died.
Learned counsel for the informant submits that two witnesses have already been examined.
Hence, I am not inclined to grant bail to the petitioners Md. Alam and Md. Basir of Cr. Misc. No. 13897 of 2015 in connection with Supaul P.S. Case No. 370 of 2014 pending in the Court of learned Additional Chief Judicial Magistrate, Supaul. Accordingly, prayer for bail of the petitioners is rejected.
So far the petitioner Binod Kamat @ Binod of Cr. Misc. No. 22636 of 2015 is concerned, there is no specific overt act alleged against him though he is named amongst 21 persons.
Hence, having regard to the facts and circumstances of the case, the petitioner Binod Kamat @ Binod is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 370 of 2014.
(Gopal Prasad, J.)
Kundan/-
U
2 issues framed by the court
Whether bail ought to be granted to Md. Alam and Md. Basir in the first petition.
Whether bail ought to be granted to Binod Kamat @ Binod in the second petition.
1 provisions across 1 enactments
Md. Alam
Md. Basir
Binod Kamat @ Binod
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
