Single judge order granting regular bail to petitioner charged with murder. Considering lengthy custody, physical disability, and general FIR allegations, court ordered release on bond of Rs.10,000 with sureties.
Petitioner enlarged on bail upon furnishing bond of Rs.10,000 with two sureties of 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.19147 of 2021
Arising Out of PS. Case No.-765 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
SANT RAM Son of Laxaman Ram Resident of Village - Barahuli, P.S.Sonhan, District - Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.
As per the prosecution case, the seven named accused persons including the petitioner herein came variously armed and all of them assaulted the informant as also his uncle leading to the death of his uncle in course of treatment.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the case. There is case and counter case between the parties. The allegations in the F.I.R. are general and omnibus in nature. So far as the petitioner is concerned, he is handicapped to the extent of 70% disability
Patna High Court CR. MISC. No.19147 of 2021(2) dt.17-09-2021 2/2
which would be evident from the certificate brought on record as Annexure-2 to the petition. The petitioner is in custody since 2.12.2020 and has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the general and omnibus allegations in the F.I.R. and the petitioner who is specially abled having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Bhabua (Sonhan) P.S. Case no.765 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua.
(Partha Sarthy, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving murder after nearly one year of custody.
Whether the general and omnibus nature of FIR allegations combined with petitioner's physical disability justify bail.
1 provisions across 1 enactments
Sant Ram
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
