The Patna High Court disposed of an application for bail by a petitioner accused of murder and culpable homicide under the IPC. The single judge granted bail with conditions for a bond and two sureties.
Direction to release the petitioner on bail on furnishing a bail bond of Rs. 10,000 with two sureties each of Rs. 10,000.
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.
Patna High Court Cr.Misc. No.19619 of 2016 (3) dt.13-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19619 of 2016
Arising Out of PS.Case No. -364 Year- 2009 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Jinni @ Jitendra Ram, Son of Angad, Resident of village - Dadawa, P.S. Mohania, District - Kaimur at Bhabua. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 13-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with Mohania P.S. Case No. 364 of 2009 registered under Sections 147, 148, 149, 341, 323, 325 and 307 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added.
The accusation is that on 22.12.2009 at about 2.00 P.M. eight named in the F.I.R. including the petitioner and seven unknown came near the informant Rishikesh Singh and started assault to Bhola Singh @ Ravindra Singh through fist and slaps due to earlier dispute. At that time, Alok Singh and this petitioner caused injury through wood stick at the head of Bhola Singh @ Ravindra Singh, on which, he fell down. Thereafter, rest of the
Patna High Court Cr.Misc. No.19619 of 2016 (3) dt.13-07-2016
accused also assaulted through fist and slaps, who died later on in course of treatment.
Learned counsel for the petitioner submits that while there is specific allegation against accused Alok Singh and this petitioner to cause injury at the head of the deceased through stick but only one injury was fond on the person of the deceased. It is further submitted that petitioner has no criminal antecedent and he is in custody since 02.03.2016.
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 Additional District and Sessions Judge-V, Kaimur at Bhabua, in connection with Mohania P.S. Case No. 364 of 2009 (Sessions Trial No. 166 of 2016). Out of two sureties, one surety must be the close relative of the petitioner .
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioner in custodial bail application should be granted bail.
The quantum and conditions of bail bond and sureties in a Sessions trial case under IPC.
Jinni @ Jitendra Ram
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
