The Patna High Court granted bail to the petitioner, who was in judicial custody for murder charges, subject to a bond with conditions requiring a close relative as surety and adherence to trial dates.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties on specified conditions.
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.14659 of 2018
Arising Out of PS.Case No. -279 Year- 2017 Thana -ARARIA District- ARRARIA
====================================================== Abdulla S/o Late Md. Arsad Hazi @ Late Arsad Hazi, R/o VillageBangama, P.S. and District- Araria.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Opposite Party/s : Mr. Sri Panchanand Pandit
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is the second round of litigation. Earlier the prayer for bail was rejected vide order dated 19.12.2017 passed in Cr. Misc. No. 47937 of 2017.
Petitioner is languishing in judicial custody since 07.07.2017 in connection with Sessions Trial No. 07 of 2018 arising out of Araria P.S. Case No. 279 of 2017 for offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her sister was beaten by means of Fatta and iron rod by the petitioner along with seven others because of land dispute who succumbed to the injuries.
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It has been submitted by the learned counsel for the petitioner that he is innocent, general and omnibus allegation has been levelled, there is no eye witness to the alleged occurrence and charges have been framed and that the petitioner is ready to cooperate in the trial. He submits that one of the co-accused on similar allegation has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 4919 of 2018 vide order dated 02.04.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria in connection with Sessions Trial No. 07 of 2018 arising out of Araria P.S. Case No. 279 of 2017, subject to the conditions that:
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two consecutive dates without assigning any reason will
entail cancellation of his bail bonds.
(Nilu Agrawal, J)
Devendra/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case involving murder under Sections 302/34 IPC?
Whether the conditions imposed for bail are sufficient to ensure his presence during the trial?
1 provisions across 1 enactments
Abdulla S/o Late Md. Arsad Hazi
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
