Petitioners charged with murder and culpable homicide in connection with a land dispute moved for bail. The court considered the lack of eyewitnesses, reliance on suspicion, and their antecedents before granting bail.
Petitioners released on bail on furnishing bonds of Rs. 10,000 each with two sureties of the like amount each.
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.79703 of 2018
Arising Out of PS. Case No.-229 Year-2018 Thana- DINARA District- Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Jagdish Prasad, Advocate For the S t a t e : Mr. Atul Chandra, APP For the Informant : Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 21-02-2019
Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State as well as the learned counsel appearing on behalf of the informant.
The petitioners are in custody since 10.09.2018 in connection with Dinara (Bhanas) P.S. Case No.229 of 2018 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that he is filing a supplementary affidavit in which he has brought on record the antecedents of the petitioners which had inadvertently not been stated in paragraph 3 of the main application. Learned counsel for the petitioners, however, submits that the entire allegation against the petitioners and their sons is based on suspicion and they were having land dispute. Learned counsel for the petitioners further submits that there is no eye-witness to
Patna High Court Cr.Misc. No.79703 of 2018(3) dt.21-02-2019 2/2
the occurrence and only because of the land dispute, names of these petitioners have been brought in connection with the present case. Learned counsel for the petitioners further submits that in view of the fact that the dead body was found with injuries and fracture on skull bone, the entire blame has been attributed to these petitioners and they are facing prosecution on the said basis.
Considering the aforementioned facts and circumstances and there being a history of land disputes, which has been asserted by the informant, who is here to oppose the bail application and also because save and accept one antecedent, the petitioners have no criminal history, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, learned Judicial Magistrate 1st Class, Bikramganj, in connection with Dinara (Bhanas) P.S. Case No.229 of 2018.
(Anjana Mishra, J)
PNM
U T
3 issues framed by the court
Whether the petitioners should be released on bail in connection with a charge of murder and culpable homicide arising from a land dispute.
Whether the lack of eye-witnesses and reliance on suspicion warrants granting bail.
Whether the petitioners' antecedents support their release on bail.
1 provisions across 1 enactments
Khedan @ Ajay Singh
Azad
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
