High Court granted bail to a petitioner languishing in custody since May 1, 2014, in a murder case arising from a land dispute involving discharge of a firearm, directing him to furnish a bond of Rs. 10,000 with two sureties.
Release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2663 of 2015
Arising Out of PS.Case No. -103 Year- 2014 Thana -PAKARIBARAW District- NAWADA
====================================================== 1. Sita Ram Vishwakarma S/O Late Bhagat Vishwakarma Resident of villGodaha,P.S-Mahuli,Distt.-Sheikhpura .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Vishwa Ranjan Choudhary For the Opposite Party : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 15-05-2015 Petitioner is languishing in custody since 01.05.2014 in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that on 01.05.2014 at about 1:00 A.M while informant was sleeping on the roof his maternal grand-mother screamed when the informant went to the P.O to find one person armed fasuli standing near the maternal grand-mother. The informant caught the accused, the accused caused injury with fasuli on the right palm of the informant. Subsequently the informant found the neck of his maternal grand-mother slit. The informant tried to catch hold of the accused persons but they managed to escape from the scene. It is alleged against the petitioner that this petitioner resorted to fire while fleeing away from the place of occurrence.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.2663 of 2015 (3) dt.15-05-2015
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petitioner that admittedly in the background of land dispute the accusation has been levelled and even assuming the accusation the petitioner was armed with fire arm and the firing made by him caused no injury to anyone. The injury report of the deceased being maternal grand-mother of the informant suggests injuries by sharp cutting weapon. Coaccused Jitu Vishwakarma was only armed with fasuli, a sharp cutting weapon and in the subsequent statement the informant and other witnesses’ statement recorded in para 8 of the case diary suggest that Jitu Vishwakarma slit the neck of the maternal grand-mother of the informant.
Considering the aforesaid facts and the fact that investigation has already concluded, let the petitioner, above named, 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 Sub-Divisional Judicial Magistrate, Nawada in connection with Pakribarama P.S. Case No. 103 of 2014.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail during investigation in a murder case involving a land dispute.
2 provisions across 2 enactments
Sita Ram Vishwakarma
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
