The Patna High Court granted regular bail to the petitioners in a murder and attempted murder case, directing compliance of pending procedural defects within one month and imposing standard bail conditions.
Release of petitioners on bail subject to cooperation with trial and potential cancellation if involved in similar offences in the future.
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.4235 of 2022
Arising Out of PS. Case No.-56 Year-2019 Thana- SURYAGARHA District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 23-05-2022
The learned counsel for the petitioners are directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking regular bail in connection with Suryagarha P.S. Case No. 56/2019 registered for offence punishable under sections 302, 307 and 324 of the Indian Penal Code.
The learned counsel for the petitioners has submitted that there was land dispute between the parties. The allegation is general and omnibus. Co-accused Niranjan Das, his wife and his father had lodged three cases against the informant and others. The learned counsel for the petitioners has submitted further that on similar
Patna High Court CR. MISC. No.4235 of 2022(2) dt.23-05-2022 2/2
footing, co-accused Niranjan and Nunulal Das have been granted bail in Cr. Misc. No. 34776 of 2021.
Considering the fact that other co-accused persons on similar footing have been granted by the coordinate Bench, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha P.S. Case No.56/2019, subject to the following conditions:-
(i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
1 issue framed by the court
Whether the petitioners be granted regular bail furnishing bail bonds under the conditions laid down.
SUNIL DAS
BIBHISHAN DAS
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
