This judgment records an oral order allowing the petitioner accused in a murder case to be released on bail, factoring the deceased notoriety and a counter criminal version.
The petitioner is released on bail with bonds of Rs. 10,000 each, subject to a proviso requiring one bailed to be a close relative and standard conduct conditions.
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.38667 of 2021
Arising Out of PS. Case No.-838 Year-2019 Thana- DANAPUR District- Patna
======================================================
Om Kumar @ Om Prakash Son Of Sri Dinanath Rai R/O Village- Tarachak, P.S.- Danapur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Informant Mr. Kundan Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 20-06-2022
Let the defects, if any, be removed within four weeks from today.
Heard Mr. Ashok Kumar, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and Mr. Kundan Kumar, learned counsel for the informant
The petitioner has been made accused and put behind the bar in connection with Danaapur P.S.Case No. 838 of 2019 registered for the offences punishable under Sections 341, 323, 325, 302, 120B/34 of the Indian Penal Code.
As per prosecution case, it is alleged that on
Patna High Court CR. MISC. No.38667 of 2021(3) dt.20-06-2022 2/4
26.10.2019 at about 11 pm, while brother of the informant was coming from the market, all the FIR named accused persons including the petitioner assaulted his brother by means of lathi, danda, bricks and knife due to which the brother of the informant sustained serious injuries and during the course of treatment , he died.
It is submitted by the learned counsel for the petitioner that neither the informant nor the family members were the eye witness to the alleged occurrence. During the course of investigation, it has come that on account of construction of a house by the father of the petitioners, adjacent to the house of the informant some altercation had taken place and due to which the deceased had come and threatened him by making firing upon Jai Prakesh @ Bhola, thereupon public of locality chased him, and he was beaten by mob due to which he succumbed to injuries and died during the course of treatment. It is further submitted that the aforesaid incident was also supported by the independent witnesses whose statement has been recorded . It is also submitted that there is counter version of this case which has been instituted by the petitioner
Patna High Court CR. MISC. No.38667 of 2021(3) dt.20-06-2022 3/4
bearing Danapur P.S.Case No. 837 of 2019. it is next submitted that this petitioner has fair antecedent and he is in custody since 18.01.2021.
On the other hand, learned APP for the State opposes the bail application of the petitioner.
Having considered the submissions made on behalf of the parties and taking into consideration the fact that during the course of investigation it has come that deceased was a notorious criminal found involved in dacoity, murder and other serious cases as mentioned in Para-64 of the case diary, apart from the fact, it has come that deceased was beaten by mob and further there is counter version of this case in as much as the petitioner has clean antecedent, let the petitioner above named, be released on bail, on furnishing bail bonds of Rs. 10,000/( Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Danapur, Patna in connection with Danapur P.S.Case No. 838 of 2019, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows;-
Patna High Court CR. MISC. No.38667 of 2021(3) dt.20-06-2022 4/4
(I) The petitioner will cooperate in conclusion of
the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses in course of investigation or during the course of trial.
(v) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J.)
N.K/-
U T
1 issue framed by the court
Whether the bail application of the petitioner accused in a murder case should be allowed.
Om Kumar @ Om Prakash
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
