Court released petitioner on bail in a second attempt where charge sheet was submitted, no evidence tampering alleged, and parties had compromised, despite prior rejection.
Petitioner released on bail by furnishing bond of Rs.10,000 with two sureties of like amount to Judicial Magistrate, 1st Class, Raxaul.
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. 2014 of 2016
Arising out of P.S. Case No. -21 Year- 2012 Thana -DARPA District- EASTCHAMPARAN (MOTIHARI) =================================================== Baleshwar Ram Son of Late Ramgobind Ram Resident of Village - Pipra, P.S. Darpa, District - East Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s: Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s: Mr. Uday Chand Prasad (APP)
=================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
02. 18.07.2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 15.12.2014 in connection with Darpa P.S. Case No. 21 of 2012 pending in the Court of Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran for the offences instituted under Sections 147, 148, 149, 341, 324, 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
The earlier bail application of the petitioner was rejected vide Cr. Misc. No. 19268 of 2015 dated 31.07.2015. This is the second attempt for bail on behalf of the petitioner. Petitioner is in custody since 15.12.2014. Charge-sheet has been submitted in the case. There is no allegation of tampering of evidence
Patna High Court Cr.Misc. No.2014 of 2016 (2) dt.18-07-2016
2
against the petitioner. There is also land dispute between
the parties. The other co-accused have been granted bail vide Annexure-4 series to the present application. The matter has been compromised between the parties vide Annexure-5 to the present application.
On behalf of the State, it has been submitted that
the petitioner is named in the FIR.
Considering the aforesaid facts and
circumstances of the case, let the petitioner, above named 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 Sri N. K. Priyadarshi, Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran or his successor in connection with Darpa P.S. Case No. 21 of 2012.
(Sudhir Singh, J.)
Vikash/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail on his second application in a case involving offences under Sections 147, 148, 149, 341, 324, 504, 307 of IPC and Section 27 of Arms Act.
Whether the compromise between parties and grant of bail to co-accuseds entitle the petitioner to release.
8 provisions across 2 enactments
Baleshwar Ram
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
