In bail proceedings arising from a murder case, the court granted release after observing no prosecution witnesses were examined and the trial could not conclude soon, noting the incident involved a single blow.
Petitioner released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount.
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.30498 of 2020
Arising Out of PS. Case No.-88 Year-2018 Thana- RAUTA District- Purnia
======================================================
MD. HASAN Son of Kutubuddin Resident of Village- Sirsi, P.S.- Rauta, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Dr. Amrendra Kumar, Advocate Mr. Md. Rashid Alam, Advocate For the State : Mrs. Sharda Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 10-02-2021
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.
The earlier bail application of the petitioner was rejected vide Annexure 3 to the supplementary affidavit with an observation ‘at this stage’ taking into account that a single Dabia blow was given on the spur of moment.
A report was called for from the trial court. It has been reported that none of the prosecution witnesses has been examined till date.
On behalf of the petitioner, it has been submitted that the petitioner is in custody since 11.09.2018. Charge has already
Patna High Court CR. MISC. No.30498 of 2020(3) dt.10-02-2021 2/2
been framed and there is no chance of trial being concluded in near future. As per the allegation, a single Dabia blow is said to have been given by the petitioner. No repetition of blow has been made. At best, it is a case for an offence under Section 304 of I.P.C. The petitioner has remained in custody approximately for more than two and half years.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Sessions Judge Vth, Purnea in connection with Rauta P.S. case No.88 of 2018.
(Sudhir Singh, J)
Narendra/-
2 issues framed by the court
Whether the petitioner should be released on bail in a murder prosecution where no witnesses have been examined.
Whether the gravity of the offence (murder) justifies continued custody despite the nature of the incident.
2 provisions across 1 enactments
MD. HASAN
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
