The High Court at Patna allowed bail to the petitioner charged under Sections 302/120B IPC in a murder case after a previous bail prayer was rejected. The court directed furnishing of a bail bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.17891 of 2018
Arising Out of PS. Case No.-7 Year-2017 Thana- DHANGAI District- Bhojpur
======================================================
Nirbhay Lal, Son of Late Ram Nath Lal, Resident of Village- Dalippur, P.S.Dhangai, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar, Advocate Mr. Dr. Chandra Shekhar Azad, Advocate Mr. Abhay Kumar Upadhyay, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 04-04-2018
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
This is the second round of litigation. Earlier the prayer for bail of the petitioner was rejected vide order dated 18.08.2017 passed in Cr. Misc. No. 34186 of 2017. Petitioner is languishing in judicial custody since 23.02.2017 in connection with Dhangai P.S. Case No. 07 of 2017 registered for the offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his younger brother Md. Saddam went to his sister’s house and the petitioner along with other co-accused had severely beaten his brother in the house of Ramji Mishra, who succumbed to the injuries.
Patna High Court Cr.Misc. No.17891 of 2018(2) dt.04-04-2018 2/2
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and general and omnibus allegation has been levelled against him. He submits that some of the co-accused have died 20 years back, but still named in the First Information Report, which falsifies the prosecution story. He further submits that charges have been framed and the petitioner undertakes to cooperate in the trial on day to day basis. It is further submitted that one of the co-accused whose prayer for bail was earlier rejected has since been granted the privilege of bail by this Court in Cr. Misc. No. 46094 of 2017 vide order dated 01.11.2017.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Sujit Kumar, learned Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Dhangai P.S. Case No. 07 of 2017.
(Nilu Agrawal, J.)
Arjun/- U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail after a second round of litigation.
1 provisions across 1 enactments
Nirbhay Lal
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
