High Court allowed bail to petitioners Jai Lal, Surendra, and Jai Ram Turha in a case involving murder, rioting, and grievous hurt, directing release upon furnishing a bond with close relatives as sureties.
Released on bail by furnishing a bond of Rs. 10,000 with two close relatives as 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.48446 of 2018
Arising Out of PS.Case No. -59 Year- 2018 Thana -SAHPUR District- BHOJPUR
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Jai Lal Turha S/o Late Gauri Turha, R/o Vill. & P.O.- Bharauli, P.S.Shahpur, District- Bhojpur.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.48524 of 2018
Arising Out of PS.Case No. -59 Year- 2018 Thana -SAHPUR District- BHOJPUR
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Both are Sons of Late Gauri Turha, Both are R/o Vill. & P.O.- Bharauli, P.S.- Shahpur, District- Bhojpur.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : (In Cr.Misc. No.48446 of 2018) For the Petitioner/s : Mr. Om Prakash Pandey, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. (In Cr.Misc. No.48524 of 2018)
For the Petitioner/s : Mr. Om Prakash Pandey, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 24-09-2018 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in Shahpur P.S. Case No. 59 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 427, 504, 506, 354 of the Indian Penal Code.
Patna High Court Cr.Misc. No.48446 of 2018 (2) dt.24-09-2041
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Subsequently, Section 302 of the Indian Penal Code was added.
In the written report there is specific allegation against co-accused Jai Nath Turha of assaulting son of the informant on head with lathi, on account of which, be became seriously injured and died during course of treatment. The allegation against petitioner of Cr. Misc.48446 of 2018 is that he tried to strangulate neck of son of the informant by Angochha .
Case diary has been received.
Post mortem report of the deceased is available in the case diary wherein the Doctor has found one stitch wound on left parietal region of ear and abrasion wound over right toe. The Doctor has opined the cause of death due to craviocerebral damage.
There is general and omnibus allegation against the petitioners.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIVth, Bhojpur, Ara, in connection with Shahpur P.S. Case No. 59 of 2018, subject to the condition that
Patna High Court Cr.Misc. No.48446 of 2018 (2) dt.24-09-2041
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both the bailors will be the close relatives of the petitioners.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners accused of murder and other offences including rioting and grievous hurt.
Whether the conditions of close relatives as sureties are sufficient to grant bail.
2 provisions across 1 enactments
Jai Lal Turha
Surendra Turha
Jai Ram Turha
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
