High Court allowed regular bail to four petitioners accused ofabetrayal and murder. Petitioners relied on a confessional statement and lack of other evidence despite added charges.
Released on regular bail furnishing bonds of Rs. 20,000 each with two sureties to ACJM-IV and Sessions Judge, Nalanda.
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.31910 of 2021
Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 53385 of 2021
Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda
====================================================== ASHOK DHARHI S/o Late Chhote Dharhi R/o village- Onda, P.S.- Sare, District- Nalanda
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 60360 of 2021
Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda
====================================================== SANTOSH DHARHI Son of Ashok Dharhi Resident of Village - Onda, P.S.Sare, Distt.- Nalanda.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 31910 of 2021) For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. (In CRIMINAL MISCELLANEOUS No. 53385 of 2021) For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Dr. (Mrs.) Indiwar Kumari, A.P.P. (In CRIMINAL MISCELLANEOUS No. 60360 of 2021) For the Petitioner/s : Mr.Pankaj Kumar, Advocate
Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 2/4
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 28-03-2022
Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State.
Petitioners seek regular bail in connection with Sessions Trial No. 476 of 2021 arising out of Sare P.S. Case No. 09/2021 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code 1860. Subsequently, Sections 302 and 201/34 of the Indian Penal Code were added.
The allegation, as per the First Information Report, is that the petitioner of Cr. Misc. 60360/2021 called the nephew of the informant on 9.1.2021 and, thereafter, the nephew of the informant did not return. It has further been alleged that upon search, the dead body of the nephew of the informant was recovered from a well after six days i.e. on 15.1.2021.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to the fact that the daughter of the petitioner Ashok Dharhi
Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 3/4
was having love affair with Raja Kumar (deceased). Learned counsel further submits that confessional statement of Ashok Dharhi was recorded and the petitioners have been made accused on the basis of confessional statement and except confessional statement, there is no material against the petitioners to connect them with the present offence. The petitioners are in custody since 24.1.2021 and 23.01.2021 respectively and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that prima facie it appears that the petitioners have been made accused on the basis of confessional statement and circumstantial evidence and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-IV and 5th Additional District and Sessions Judge, Nalanda at
Patna High Court CR. MISC. No.31910 of 2021(4) dt.28-03-2022 4/4
Biharsharif in connection with Sessions Trial No. 476 of 2021 arising out of Sare P.S. Case No. 09 of 2021 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J)
S.Ali/- U T
1 issue framed by the court
Whether regular bail should be granted to the petitioners accused under IPC Sections 302 and 363.
2 provisions across 1 enactments
AJAY DHARHI
CHANDAN DHARHI
ASHOK DHARHI
SANTOSH DHARHI
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
