The Court granted bail to six petitioners whose arrest was pending. The Court observed that more than the statutory period had elapsed without a chargesheet and there were no eyewitnesses. The petitioners were released on furnishing bail bond and sureties.
Release of petitioners on bail by furnishing bond of Rs. 10,000 each with two 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.14148 of 2019
Arising Out of PS. Case No.-451 Year-2018 Thana- RUPASPUR District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
On account of death of Baiju Kumar, informant his brother shown suspicion against these petitioners along with Laxman Ram as well as Upendra Ram.
Gone through the case diary. From Para-61, it is evident that as period of custody was going to cross the statutory period on account thereof, chargesheet has been
Patna High Court CR. MISC. No.14148 of 2019(3) dt.10-06-2019 2/2
submitted against Upendra Ram and Laxman Ram keeping the investigation pending against the petitioners. Furthermore, it is evident there from that none is an eye witness to occurrence, more particularly even relating to last seen, that means to say, save and except suspicion, nothing remains.
Consequent thereupon, petitioners Sachindra Ram, Vidya Ram, Rakesh Ram, Anil Ram, Umesh Ram and Ranjan Kumar, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt of the order, are directed to 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 the learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Rupaspur P. S. Case No.451 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Aditya Kumar Trivedi, J)
vikash/-
U T
1 issue framed by the court
Whether the petitioners entitled to release on bail pending investigation given delay in filing chargesheet and lack of eyewitness evidence.
1 provisions across 1 enactments
Suchindra Ram
Vidya Ram
Rakesh Ram
Anil Ram
Umesh Ram
Ranjan Kumar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
