In an appeal against the cancellation of bail, the High Court dismissed the appeal. The court held that the lower court's order regularizing bail was valid as there was no specific injury report, no allegation of bail misuse, and no tampering with evidence.
The appeal filed for cancellation of the bail order is dismissed.
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 APPEAL (SJ) No.1307 of 2019
Arising Out of PS. Case No.-108 Year-2018 Thana- MADHUBANI TOWN District-
Madhubani
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Dharmendra Mahto S/o Bhogi Mahto R/o village- Basuara, Ward No. 9, P.S.Madhubani Town, District- Madhubani.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Sudhir Kumar Mishra For the Respondent : Mr. Jitendra Kumar Bharti For the Respondent/s : Mr. Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
6 27-08-2019 Heard learned counsel for the appellant, learned counsel for the respondents as well as learned Spl. P.P. for the State.
This appeal has been filed for cancellation of bail order dated 19.11.2018 passed by learned 1st Addl. District & Sessions Judge-cum-Special Judge, Madhubani in T.R. No. 954/2018 and G.R. No. 45/2018 arising out of Madhubani Town
Patna High Court CR. APP (SJ) No.1307 of 2019(6) dt.27-08-2019 2/3
P.S. Case No. 108 of 2018, whereby learned lower court has enlarged the respondent nos. 2 to 6 on regular bail.
It is submitted by learned counsel for the appellant that respondent nos. 2 to 6 have slated the informant in the name of his caste and also assaulted the informant and his family members and pressed the neck of the informant by means of rope. After investigation of the case, I.O. submitted charge-sheet and perusing the case diary, learned lower court has taken cognizance of the offence against the aforesaid respondents but without applying judicial mind and giving opportunity to the appellant, learned lower court has passed the aforesaid order on the very date of surrender by the aforesaid respondents in the court, hence, the aforesaid order is liable to be cancelled.
Per contra, learned counsel for the respondent nos. 2 to 6 submitted that there is case and counter case between the parties. Respondents have been falsely implicated in this case due to land dispute. Allegation levelled against the respondents is not specific rather general and omnibus in nature. None has sustained any injury in the occurrence and no injury report has been brought on record and moreover it is regular bail, hence, the aforesaid order passed by the court below is liable to be upheld.
Patna High Court CR. APP (SJ) No.1307 of 2019(6) dt.27-08-2019 3/3
As per prosecution case, over row of closing passage of the informant, respondent nos. 2 to 6 slated the informant in the name of his caste and dragged him by tying rope on his neck and slapped him. When his mother, father and brother rushed in his rescue, they also slapped them and slated them in the name of their caste. Respondent Raja Mukhiya snatched his golden chain.
There appears to be dispute regarding passage. Allegation levelled against the respondents is not specific rather general and omnibus in nature. None has sustained injury in the occurrence and no injury report has been brought on record as admitted by both the parties during course of argument. Moreover, it is regular bail. There is no allegation of misuse of privilege of bail by the respondents or tampering with the evidence or concealment of facts by the respondents, hence, I do not find any substance in the prayer for cancellation of the aforesaid bail. Accordingly, this appeal is dismissed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the bail order passed by the learned lower court on the very date of surrender should be cancelled as it was passed without applying judicial mind.
Dharmendra Mahto
The State Of Bihar
Raja Kumar Mukhiya
Kishori Mukhiya
Kallar Mukhiya
Dukhani Devi
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
