In bail proceedings challenging custody following a murder charge, the Single Judge granted bail to the petitioner upon furnishing a bond of Rs. 10,000 and submitting to trial conditions.
Petitioner enlarged on bail with Rs. 10,000 bond and two sureties of like amount, subject to appearing during trial.
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.47429 of 2018
Arising Out of PS.Case No. -4 Year- 2017 Thana -GOPALGANJ GRP CASE DistrictGOPALGANJ
======================================================
Bangali Sah @ Bangali Sha, Son of Late Ram Chandra Sah, Resident of Village- Manjhagarh Sudhasha Ke Tola, Police Station- Manjhagarh, District- Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 12-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner had earlier moved for bail which was rejected vide order dated 01.11.2017 passed in Cr. Misc. No. 38369 of 2017.
Petitioner is languishing in judicial custody since 20.01.2017 in connection with Sessions Trial No. 59 of 2018 arising out of Siwan (Thawe) Rail P.S. Case No. 04 of 2017 for offences punishable under Sections 302, 120(B), 307/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her Brother-in-law (Nandoi) Rajesh Sah had called her
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husband Ramashankar Sah on the pretext that the petitioner was calling him and thereafter both killed the informant’s husband by inflicting knife blow on the chest. The cause of dispute was regarding the fact that co-accused Rajesh Sah (Nandoi) had some family dispute and there was a matrimonial case pending between the co-accused Rajesh Sah and the sister of the deceased.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that there is no eye witness to the alleged occurrence, petitioner did not call the informant’s husband and it is only on suspicion that the petitioner has been made accused. He submits that the confessional statement of the petitioner and co-accused Rajesh Sah before the police has no evidentiary value in the eye of law.
However, learned APP for the State opposes the prayer
for bail.
In this regard, a report was called for from the court of the learned Additional District and Sessions Judge-VIII, Gopalganj with regard to the stage of trial and it has been reported vide letter dated 10.08.2018 that one witness out of nine witnesses has been examined.
Considering the facts and circumstances and the
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materials on record as well as the period of custody, 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 Additional District and Sessions Judge-VIII, Gopalganj in connection with Sessions Trial No. 59 of 2018 arising out of Siwan (Thawe) Rail P.S. Case No. 04 of 2017, subject to the conditions that:
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail after considering the stage of trial and period of custody.
3 provisions across 1 enactments
Bangali Sah @ Bangali Sha
The State of Bihar
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
