The Patna High Court granted regular bail to the petitioner, an accused in a murder case, after noting his long custody period, non-inclusion in the initial FIR, and the examination of only three prosecution witnesses.
Warrant of arrest cancelled; petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.4119 of 2023
Arising Out of PS. Case No.-128 Year-2021 Thana- CHHAURADANO District- East
Champaran
======================================================
Sajid Hussain @ Lalu S/O Abdul Manan R/v- Hardiya, P.S.- Chhauradano, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 12-04-2023
Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 128 of 2021 dated 29.05.2021 registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.
This is the second attempt of petitioner for the relief of regular bail. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR, his name surfaced in
Patna High Court CR. MISC. No.4119 of 2023(4) dt.12-04-2023 2/3
the confessional statement of co-accused Munna Alam, the allegation is that the deceased was having a love affair with the petitioner’s sister but the said allegation is totally false and the fresh ground on which the petitioner has again come before this Court is his long custody period as he has been languishing in jail since 03.06.2021 and there is no direct evidence against him to connect him to the alleged occurrence of murder. Further submission is that the petitioner has fair and clean antecedent.
Learned APP for the State has opposed the bail prayer of the petitioner.
Heard both the sides. Though the instant matter relates to the serious offence of murder, but considering the petitioner’s long custody period which has been about one year and ten months and as per the report sent by the Trial Court, out of ten prosecution witnesses only three prosecution witnesses have been examined till now which shows lingering attitude of the prosecution and there is no allegation by prosecution that the petitioner has affected the trial or tampered with the witnesses during the past period of his trial, in my opinion, a lenient approach can be taken in respect of the petitioner’s prayer. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
Patna High Court CR. MISC. No.4119 of 2023(4) dt.12-04-2023 3/3
two sureties of the like amount each to the satisfaction of concerned Court in connection with Chhauradano P.S. Case No.
128 of 2021.
(Shailendra Singh, J)
Shahnawaz/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused of murder considering his long custody and lack of direct evidence.
1 provisions across 1 enactments
Sajid Hussain @ Lalu
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
