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The case involves a bail application filed in connection with the attack on an individual by a mob after being accused of stealing a tractor battery. Later, while receiving treatment, he had passed away.
The Patna High Court recently allowed bail to two accused persons in the Nawada Mob lynching case, wherein, a person had been allegedly lynched by a mob for reportedly stealing a tractor battery.
A bench of Justice Jitendra Kumar allowed the bail while putting up conditions on the accused persons to make themselves available for interrogation by a police officer, to not threaten and induce any person acquainted with the case to dissuade from disclosing facts.
The order has been passed in an application filed by the accused persons seeking bail in a case wherein they are accused of allegedly assaulting a person by lathi, danda, rod, etc., due to which the victim died.
Advocates Shashank Shekhar Jha and Kundan Kumar appearing for the applicants submitted that they are innocent and have falsely been implicated in this case only based on suspicion. The informant who is the wife of the deceased is not an eyewitness to the occurrence, he argued.
Furthermore, Jha submitted that the statement of the wife is not reliable since the deceased was in such an injured condition that he was not able to state anything.
Additionally, it was argued that no incriminating articles or weapons have been recovered from the possession of the petitioner and no Test Identification Parade has yet been conducted. Jha also submitted that similarly situated co-accused persons have already been enlarged on bail by different benches of the High Court.
Whereas the Additional Public Prosecutor Mohammad Sufyan contended stating that the alleged offense is serious in nature.
The bench, relying on the arguments presented by Jha, allowed the applicants on bail on their furnishing bail bonds in the sum of Rs 10,000.
The accused have been charged with offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 379, and Section 302 of the Indian Penal Code.
The order of the High Court has come after the intervention of the Supreme Court directing the High Court to decide the bail application at an early date, preferably within four weeks.
Jha before the top court had submitted that the bail application filed before the Patna High Court is pending since February 11, 2022, and it’ll take an indefinite time to be heard. "That because of the over pendency of the cases before High Court of Patna, they release a consolidated list in which the number of petitioners is at 1070 currently," Jha had added.
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