Allowed bail to the petitioner charged under Section 302 IPC in a murder case, relying on parity arguments and the long period of custody, subject to standard bond conditions.
Released on bail on furnishing a bond of Rs.10,000/- 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.13525 of 2022
Arising Out of PS. Case No.-135 Year-2020 Thana- MANIGACHI District- Darbhanga
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Bharat Sadai, Son of Laxman Sadai @ Lakshman Sadai, Resident of Village - Dahaura, P.S. - Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Iqbal Asif Niazi, Advocate For the State : Ms. Meena Singh, APP For the Informant : Mr. Shakil Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
5 13-07-2022
Heard learned counsel for the petitioner and learned
counsel for the informant as well as the learned APP for the State
The petitioner seeks bail in connection with Sessions Trial No.07 of 2021 arising out of Manigachhi P.S. Case No.135 of 2020 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.
The petitioner’s prayer for bail was earlier rejected on 09.08.2021 in Cr.Misc. No.2231 of 2021.
The informant’s brother was returning after Panchayati when two named accused along with five unknown persons have intercepted him and brutally assaulted.
The counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.13525 of 2022(5) dt.13-07-2022 2/3
petitioner is not one of the two named persons. His name has been stated by the co-accused Sher Ali as being one who has performed the role of liner. There is no allegation by any witness that the petitioner has assaulted the victim. He is said to be one amongst the other five persons who were accompanying the two named accused persons. Other similarly situated coaccused Md. Haider Hajam has been allowed bail in Criminal Miscellaneous No.17583 of 2021, vide order dated 08.10.2021. The petitioner is stated to be in custody now since more than two years and as per the report submitted by the trial court, only five out of eight witnesses have been examined.
Counsel for the informant and learned A.P.P. have opposed the prayer for bail.
However, the stage of trial as per the report and the fact that similarly situated co-accused has been granted bail is undisputed.
The Court considering the period of custody and claim based on parity and the nature of allegations emerging during the course of investigation is inclined to allow the prayer.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.13525 of 2022(5) dt.13-07-2022 3/3
Additional Sessions Judge-X, Darbhanga, in connection with Sessions Trial No.07 of 2021 arising out of Manigachhi P.S. Case No.135 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
PNM/Shashank
(Madhuresh Prasad, J)
U T
1 issue framed by the court
Whether the petitioner, charged with murder but not specifically alleged as an active participant, is entitled to bail considering parity with co-accused and stage of trial.
1 provisions across 1 enactments
Bharat Sadai
The State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
