This high court order grants regular bail to petitioners accused of assault and culpable homicide. After a report noted a trial delay with no witnesses examined, the judge released them on bond, conditioning future attendance.
Petitioners released on bail of Rs. 20,000 each with two sureties of similar amount subject to appearance condition.
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.6807 of 2022
Arising Out of PS. Case No.-387 Year-2019 Thana- TURKAULIYA District- East Champaran
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
petitioners and Mr. Shailendra Kumar, learned APP for the State.
This is the third attempt for grant of regular bail on behalf of the petitioners inasmuch as earlier on two occasions, the bail application of the petitioner was dismissed vide order dated 28.05.2020 passed in Cr. Misc. No. 1020/2020 and vide order dated 15.09.2021 passed in Cr. Misc. No. 32871/2021 respectively.
The allegation against the petitioners is that they assaulted the husband of the informant by means of Lathi , Danda and rod etc., due to which he died.
Patna High Court CR. MISC. No.6807 of 2022(3) dt.30-03-2022 2/3
Learned counsel for the petitioners submits that both the parties are close relatives and neighbours and the occurrence had taken place due to some family dispute. There is case and counter case between the parties inasmuch as Turkaulia PS Case No. 401/2019 under Sections 341, 323, 324, 307, 504/34 IPC has been lodged against the informant and others by petitioner. Learned counsel next submits that petitioners are in custody since 22.06.2019.
While rejecting the second bail application of the petitioner on 15.09.2021, on the basis of report furnished by the learned court below that the trial was likely to be concluded within four months, this Court had granted liberty to the petitioners to renew their prayer for bail after four months. The learned trial court also stated in its report that the charges against the petitioners have already been framed.
This Court vide order dated 16.02.2022 had again called for a report from the court of learned Chief Judicial Magistrate, Motihari, East Champaran regarding stage of the trial and in pursuance thereof, the report vide Letter No. 64 dated 25.02.2022 has been received and from perusal of the same, it would be evident that none of the witnesses has been examined since last rejection of bail application of the
Patna High Court CR. MISC. No.6807 of 2022(3) dt.30-03-2022 3/3
petitioners.
In view of the fact that the petitioners remained in custody since 22.06.2019 and there is tardy progress in the trial, I am inclined to grant regular bail to the petitioners subject to the condition that petitioners will be well represented on each and every date in the trial and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.
Accordingly, let the petitioners, namely, 1. ANWAR MIAN @ ANWAR ALAM and 2. TABREJ ALAM @ TABREJ MIAN be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya PS Case No. 387/2019.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether the petitioners are entitled to regular bail given the tardy progress of the trial and custody since June 2019?
Whether the grant of bail is safe in the circumstances of the family dispute offence?.
ANWAR MIAN @ ANWAR ALAM
TABREJ ALAM @ TABREJ MIAN
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
