Criminal Miscellaneous petition filed for bail by accused facing charges of rioting and murder. Court granted bail upon furnishing surety bonds subject to satisfaction of the Chief Judicial Magistrate.
Petitioners released on bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount each to the satisfaction of the CJM East Champaran.
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.14725 of 2020
Arising Out of PS. Case No.-69 Year-2019 Thana- PHENHARA District- East Champaran
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr.Rajesh Kumar, Advocate. For the Opposite Party : Mr.Amit Kumar Rakesh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
counsel for the State.
The petitioners seek bail in a case for the offence registered under Sections 147, 148, 149 and 302 of the IPC.
The prosecution story, in brief, is that the brother-inlaw, namely, Shatrughan Singh was residing at the informant’s house and on 07.07.2019 at 4.30 P.M. he was going to meet his niece at village-Marpa. When he reached one Kilometer far from Kumhrar Math at Village-Fulwariya then 15.-20 persons surrounded him and assaulted and all are saying him “Baccha Chor”. When the informant received information from the
Patna High Court CR. MISC. No.14725 of 2020(2) dt.02-03-2020 2/3
villagers, he reached there and saw that all the accused persons named in the F.I.R. were assaulting to his brother-in-law by Lathi and Danda as a result of which, the informant’s brother-inlaw died on the spot.
It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 09.09.2019 and 14.11.2019. The petitioners have got no criminal antecedent. They have falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. Other co-accused has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 83353 of 2019 under order dated 23.01.2020 annexed as Annexure-3 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran, Motihari, in connection with Phenahra
Patna High Court CR. MISC. No.14725 of 2020(2) dt.02-03-2020 3/3
P.S. Case No. 69 of 2019.
(Sudhir Singh, J)
U.K./- U T
3 issues framed by the court
Whether bail should be granted to the petitioners in a case involving rioting and murder under IPC.
Whether the petitioners have sufficient grounds to establish false implication despite general allegations.
Whether the family of the deceased should be compensated in the interim bail order.
1 provisions across 1 enactments
Md. Taj and Ors.
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
