High Court granted bail to petitioners in a criminal case involving multiple serious offences including murder, arising from a land dispute assault.
Released on bail on furnishing bonds of Rs.20,000 each with two sureties of the like amount.
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.59509 of 2017
Arising Out of PS.Case No. -48 Year- 2017 Thana -JALALGARH District- PURNIA
====================================================== 1. Bhagwan Rishi, son of Late Arjun Rishi 2. Rajendra Rishi, son of Late Jhubbar Rishi
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Nand Kishore Pd, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 11-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 354A, 325, 26, 307, 302, 379, 447, 448, 504 and 506 of the Indian Penal Code.
During course of assault for land dispute, specific allegation is against co-accused Upendra Rishi to have caused injury with arrow partly at the stomach of deceased Shashi Rishi. The Doctor has found other injuries besides injuries at epigastric region of abdomen caused by arrow.
Considering the aforesaid material, in my view,
Patna High Court Cr.Misc. No.59509 of 2017 (3) dt.11-01-2018
2
the petitioners deserve for bail, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jalalgarh Police Station Case No.48 of 2017, subject to the condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail in a case involving serious offences including murder and culpable homicide.
Whether the allegations of co-accused causing injury with an arrow are sufficient to deny bail.
1 provisions across 1 enactments
Bhagwan Rishi and others
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
