Hearing the bail plea of the petitioner accused in a murder case, the High Court of Patna directed his enlargement on bail by furnishing a bond of Rs. 10,000 and two sureties.
The petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.
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.3466 of 2018
Arising Out of PS.Case No. -104 Year- 2017 Thana -SIGORI District- PATNA
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Md. Neyaz, Son of Late Md. Wajid Hussain @ Wajid Ansari, Resident of Village- Makhdumchak, Janpur, P.S.- Sigori, District- Patna.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Sinha For the Informant : Mr. Mehboob Ashraf, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 17-01-2018 Heard learned counsel for the petitioner and learned counsel for the informant.
The petitioner seeks bail in connection with Sigori P.S. Case no. 104 of 2017 registered under Section 302/34 of the Indian Penal Code.
Father of the informant is said to have been assaulted by means of dagger and pistol by the FIR named accused persons and he succumbed to his injuries on the spot. The petitioner and other accused persons are said to have obstructed in rushing the deceased to the hospital.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is no specific allegation against the petitioner. No overt act is
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attributed to the petitioner. The only allegation against him is of obstructing the deceased in rushing to hospital along with other accused persons. Though as per FIR itself, his father had died on the spot. The petitioner was not present at the time of occurrence at the place of occurrence rather he happens to be teacher and was present in government school, Makhdumchak, Paliganj at that time. The petitioner has been languishing in custody since 11.10.2017.
On the other hand, learned counsel for the informant submits that the petitioner along with other accused persons obstructed the father of the informant in rushing him to the hospital resulting into his death.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Danapur, District-Patna in connection with Sigori P.S. Case no. 104 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in connection with the offence under Section 302 IPC.
Whether the allegations of false implication against the petitioner are to be considered.
Md. Neyaz
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
