This court observed the case diary suggested no evidence in a criminal case involving goons. It directed the petitioner to surrender for bail consideration. The petition was then disposed of.
Petitioner directed to surrender for bail consideration with lower court; petition disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9410 of 2015
Arising Out of PS.Case No. -450 Year- 2012 Thana -SITAMARHI District- SITAMARHI ====================================================== HARI KISHORE SINGH S/O LATE BHIKHARI MAHTO RESIDENT OF VILLAGE - MINAPUR BALAHA, P.S. PIPRAHI, DISTT. - SHEOHAR .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 04-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Perceiving a rumour regarding presence of renowned goons having eclipse the local atmosphere giving a tremor of fear amongst the local inhabitants including businessman, Sanha entry was made, inquired and then instant case has been registered. After going through the case diary, it is evident that in most cryptic manner the Investigating Officer had proceeded with and in likewise manner, the superior police officials supervised the case. That being so, the learned counsel for the petitioner is right in his submission that it happens to be a case of no evidence.
Accordingly, petitioner is directed to surrender before the learned lower court with a prayer for bail which the learned lower court will consider favourably in light of aforesaid finding.
Patna High Court Cr.Misc. No.9410 of 2015 (3) dt.04-05-2015
2
With the aforesaid observation, instant petition is
disposed of.
(Aditya Kumar Trivedi, J.)
PN/-
U T
With the aforesaid observation, instant petition is
3 issues framed by the court
Whether the petitioner should be directed to surrender before the lower court for bail consideration given the finding of no evidence.
Whether instant petition under CrPC can be disposed of based on observations regarding the case diary.
Whether the presence of goons and fear in the area should be relevant for bail.
HARI KISHORE SINGH
THE STATE OF BIHAR
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
