Oral order granting bail to the petitioner in a criminal trial for murder and arms offenses, noting the lack of specific allegations against him despite his presence in the mob and his imprisonment duration.
Directs the petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties to the Additional Sessions Judge-II, Begusarai.
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.9408 of 2015
Arising Out of PS.Case No. -6 Year- 2012 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== 1. Lalo Sahani Son of Bhola Sahani R/o village - Parihara, P.S. Bakihari, District - Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate. For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 02-04-2015 Heard both sides. The petitioner seeks bail in Nawkothi P.S. Case No. 06 of 2012, corresponding to Sessions Trial No. 624 of 2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.
The informant named nine persons including the petitioner and alleged that on the order of Hema Maurya, Ranjit Mahto and Niranjan Mahto fired which hit on the chest of the son of the informant.
Learned counsel for the petitioner submits that the petitioner is of course named in the FIR, but no specific allegation is against him. He is member of the mob. The petitioner is in jail since 17.08.2012.
Patna High Court Cr.Misc. No.9408 of 2015 (3) dt.02-04-2015
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Considering the facts aforesaid and the fact that although the petitioner has got criminal antecedent, but no specific allegation of assault is made against the petitioner and the petitioner has remained in jail for more than 2½ years, he above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.N. Singh, the learned Additional Sessions Judge-II, Begusarai in connection with Nawkothi P.S. Case No. 06 of 2012, corresponding to Sessions Trial No. 624 of 2013.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner, named in the FIR but with no specific allegation against him as the principal offender, is entitled to be enlarged on bail after being in jail for over two and a half years.
2 provisions across 2 enactments
Lalo Sahani
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
