The High Court at Patna granted bail to petitioner Dinesh Ram in a criminal case involving alleged massacres under IPC sections 302 and 307 and Arms Act, directing release on furnishing bond with sureties.
Release on bail on furnishing bond of Rs. 10,000 with two sureties of 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.19405 of 2016
| Arising Out of PS.Case No. |
-96 Year- 2013 Thana -GUTHNI District- SIWAN |
|---|---|
| ===================== Dinesh Ram, Son of Bikhi Guthni, District - Siwan. |
================================= Ram, Resident of Village - Belauri, P.S. - .... .... Petitioner/s Versus |
| The State of Bihar ===================== |
.... .... Opposite Party/s ================================= |
| Appearance : | |
| For the Petitioner/s : | Mr. |
| For the Opposite Party/s : | Mr. |
| ===================== | ================================= |
CORAM: HONOURABLE MISHRA |
MR. JUSTICE RAJENDRA KUMAR |
| ORAL ORDER | ------------- |
2 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection wit Guthni P.S. Case No.96 of 2013 registered under Sections 147, 148, 149, 447, 307 and 302 of the Indian Penal Code besides Section 27 of the Arms Act.
The accusation is that the informant alongwith his son Raj Narayan Singh alias Raju Singh reached at the door of his villagerSantosh Singh where Mukesh Singh, Rakesh Kumar Ssingh, Dharmendra Kumar Singh, Lakshman Sah and other villagers were also present. At that time, 10 persons including the petitioner alongwith 1015 unknown persons variously armed with weapon came and, thereafter, Satydeo Ram started to abuse and also shot fire at his son twice who fell down. At that time, Amarjit Kushwaha shot fire at
Patna High Court Cr.Misc. No.19405 of 2016 (2) dt.05-05-2016 2/2
Mukesh Ssingh whreas Lorik Ram shot fire at Ghanshyam Mishra. Later on, Raj Narayan Singh alias Raju and Mukesh Singh died.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that while the petitioner alongwith others are named in the F.I.R. but no specific overt act has been attributed against the petitioner. The petitioner is said to be only a member of mob. The specific allegation of making firing is against Satyadeo Ram, Amarjit Kushwaha and Lorik Ram at the deceased Raj Narayan Singh alias Raju, Mukesh Singh and one Ghanshaym Mishra. The petitioner is in custody since 25.12.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Guthni P.S. Case No.96 of 2013.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner entitled to bail being a member of mob without specific overt act imputed to him in the FIR.
3 provisions across 2 enactments
Dinesh Ram
State of Bihar
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
