The Patna High Court granted bail to the petitioner in a murder trial where the victim died post-treatment. The court reasoned that the single blunt injury and lack of motive to cause death suggested the offense was lesser than murder.
Defendant directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47129 of 2014 Arising Out of PS.Case No. -59 Year- 2012 Thana -MARAUNA District- SUPAUL
====================================================== Shyam Sunder Yadav, Son of Nandlal Yadav, resident of village - Kulharia, Police Station - Marauna, Distt. – Supaul. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 28-01-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and Mr. Suraj Narain Yadav learned counsel for the informant.
Petitioner seeks bail in connection with Sessions Trial No. 174 of 2013 arising out of Marouna P.S. Case No. 59 of 2012 registered under Sections 341, 323, 324, 307, 504, 506 of the I.P.C. and later on, section 302 of the I.P.C. was added.
Submission of learned counsel for the petitioner is that prayer of the petitioner for bail was earlier rejected by this Court vide Cr. Misc. No. 35044 of 2013 on 20.03.2014 and the petitioner is in custody since 24.05.2013. It is also submitted that it would appear from the F.I.R. itself that the occurrence took place due to dispute of plucking the mango tree. Moreover, the allegation against the petitioner is to give farsa blow at the head of the injured Laldev Yadav, father of the informant, who died in
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course of treatment after 21 days of the occurrence. There is no repetition of blow by this petitioner which itself indicates that there was no motive to cause the death of the deceased. Moreover, in the postmortem report, only one external injury was found, which is said to be caused by hard and blunt substance. The case appears at best within the purview of section 304 of the I.P.C.
Learned counsel for the informant has vehemently opposed the prayer of the petitioner.
Under the facts and circumstances of the case, the above named petitioner is directed 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 Addl. Sessions Judge-I, Supaul in connection with Sessions Trial No. 174 of 2013 arising out of Marouna P.S. Case No. 59 of 2012.
(Rajendra Kumar Mishra, J.)
Shail/-
U T
2 issues framed by the court
Whether the petitioner deserves bail despite previous rejection by this court?
Whether the evidence indicates an intention to cause death under Section 302 IPC or falls under Section 304 IPC?
3 provisions across 1 enactments
Shyam Sunder Yadav
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
