In a criminal miscellaneous petition seeking regular bail for murder and arms offenses, the High Court granted bail, directing the trial court to conclude the trial within four months as the petitioners were languishing in jail.
Petitioners released on bail bonds of Rs.10,000 each with two sureties; trial to be concluded within four months.
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.30886 of 2022
Arising Out of PS. Case No.-42 Year-2021 Thana- MUFFASIL District- Aurangabad
======================================================
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindhychal Singh, Sr. Advocate Mr. Prmendra Kumar Singh, Advocate For the Opposite Party/s : Mr.Uday Pratap Singh, App For the informant : Mr. Santosh Kumar Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
5 04-04-2023
Let the defect(s), if any, pointed out by the office be
removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned Sr. counsel for the petitioners, learned counsel for the informant and the learned APP for the State.
Petitioners seek regular bail in connection with Aurangabad (Muffasil) P.S. Case No. 42 of 2021 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution, the informant’s brother was killed in the alleged firing and the alleged firing is said to be
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done by co-accused persons in order to grab his land.
The main submissions advanced by the learned Sr. counsel for the petitioners are that as per the FIR the main assailants of committing fire at the deceased are stated to be coaccused persons, namely, Sujit Singh and Santosh Singh and petitioners were not alleged to be assailants and one co-accused, namely, Nirmla Devi, carrying similar nature of allegation, has been granted bail by the court below itself and the FIR was lodged after preparation of the inquest report and postmortem report and petitioner nos.1 and 2 have been languishing in jail since 02.02.2022 and petitioner no.3 has been languishing in jail since 04.02.2022 and on the body of the deceased, two entry wounds were found which have been opined to be caused by firearms and the same are specifically attributed against the coaccused Sujit Singh and Santosh Singh. Further submission is that though against the petitioners there are criminal antecedents of two cases which were lodged under the minor offences of IPC but in both the said cases, they are on bail and the said cases were lodged by the prosecution party.
Learned counsel appearing for the informant has vehemently opposed the bail prayer and submitted that in the trial of the petitioners, all the chargesheeted witnesses have
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been examined and only investigating officer and doctor concerned are to be examined and the petitioners’ trial may be expedited and the deceased was murdered in the broad day light.
Heard the parties and perused the FIR as well as case diary of this case. The main allegation of firing at the deceased is against co-accused Sujit Singh and Santosh Singh and in the FIR, any specific role of the petitioners has not been revealed in respect of the said firearms and the allegation appears against them to be general and omnibus and as per the submission made by informant’s counsel, all the chargesheeted/material witnesses of the prosecution have been examined and one co-accused Nirmla Devi, who is carrying almost similar nature of allegation, has been granted bail by the court below itself. Considering all these facts as well as taking into account the custody period of the petitioners, in the opinion of this Court a lenient approach can be taken in respect of the petitioners’ prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Aurangabad (Muffasil) P.S. Case No. 42 of 2021.
The trial court is directed to expedite the trial of the
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petitioners and take steps to conclude the same within next four months.
(Shailendra Singh, J)
Sanjay/- U T
2 issues framed by the court
Whether the petitioners are entitled to regular bail in a murder case where they are not specifically implicated in the FIR?
Whether the trial court should expedite the trial of the petitioners?
2 provisions across 2 enactments
Ramp ravesh Singh
Ajay Singh
Sanjeet Singh
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
