The Patna High Court granted bail to Uttim Lal Sah, an accused in a non-bailable foulaffaire case under sections 147-149, 323-325 and 302 IPC, to the satisfaction of the Judicial Magistrate with a bond of Rs. 10,000/-.
The petitioner is to be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of the 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.20150 of 2016
Arising Out of PS.Case No. -105 Year- 2015 Thana -LADANIA District- MADHUBANI ====================================================== Uttim Lal Sah, son of Late Faudar Sah, Resident of village- Bagulwa, P.S.Ladaniya, District-Madhubani. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate. Mr. Rajesh Kumar, Advocate. Mr. L.K.Sharma, Advocate. For the Opposite Party : Mr. Nityanand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 19-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody in connection with Ladaniya P.S. Case No. 105 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 341, 324, 325, 307 and 302 of the Indian Penal Code.
The prosecution story in brief, is that on 15.07.2015 while the informant Shankar Sah along with his father Domi Sah were returning after ploughing his field by tractor and in the way they stopped in the field of Ramudgar Sah for ploughing his field, in the meantime, the petitioner along with 9 others, armed with deadly weapons like Bhala, Farsa, Kudal and lathi reached there.
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The petitioner ordered to kill the informant and his father. Thereafter the petitioner, who was carrying spade, Amrendra Sah with Bhal a and Prakash Sah carrying Bhala , dragged Domi Sah from tractor causing injury on his head, resulting he fell down and when the informant went to save then Amrendra Sah assaulted him with spade, while Laxman Sah assaulted with lathi and Manoj Sah assaulted with farsa . It is further alleged that other accused persons assaulted by lathi . Thereafter both the injured were brought to Ladaniya Government Hospital. The accused persons also tried to prevent them from going to hospital. In course of treatment, the father of the informant died.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.01.2016. The charge sheet has been submitted. The petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioner. The informant claims himself to be an eyewitness to the alleged occurrence. The occurrence is said to have taken place at 11.00 in the night in the open field. The source of identification of the accused persons has not been disclosed by the informant in his fardbeyan nor he has disclosed in his restatement, recorded in course of investigation. Though later on, the driver of the alleged tractor, who was also present has
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disclosed the source of identification to be the light of tractor. From perusal of the Annexure-2, which is the order of the D.C.L.R., it is apparent that the place of occurrence is in possession of the accused persons and the informant side was aggressors who wanted to plough the field forcibly. No specific injury has been attributed against the petitioner. The other coaccused has been granted bail vide Cr. Misc. No. 268 of 2016.
On behalf of the state it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, 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 the learned Judicial Magistrate 1st Class, Madhubani in connection with Ladaniya P.S. Case No. 105 of 2015.
(Sudhir Singh, J.)
Amit/U T
2 issues framed by the court
Whether the petitioner should be released on bail pending trial.
Whether the conditions of bail bond of Rs. 10,000/ - with two sureties are appropriate.
Uttim Lal Sah
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
