BHUVANESHWAR YADAV Vs. STATE OF BIHAR
LAWS(SC)-2008-11-162
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on November 28,2008

BHUVANESHWAR YADAV Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

ABDULRAHIM ABDULREHMAN KHATRI VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-4-51] [REFERRED TO]
RAMESHBHAI @ RAJUBHAI SOMABHAI PARMAR VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2014-8-286] [REFERRED TO]
DINESH SINGH VS. STATE [LAWS(ALL)-2011-10-80] [REFERRED TO]
VIJABHAI TIHIYABHAI DAMOR VS. STATE OF GUJARAT [LAWS(GJH)-2013-8-144] [REFERRED TO]
SHASHI GOIL AND ORS. VS. STATE GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2016-2-274] [REFERRED TO]
POOJA SHARMA VS. STATE (NCT OF DELHI) & ANR [LAWS(DLH)-2015-2-631] [REFERRED]
NANUBHAI CHHIBABHAI AHIR VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-505] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Challenge in this appeal is to the order passed by a Division Bench of the Patna High Court granting bail to Respondents 2 and 3 who were convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and under Section 27 of the Arms Act, 1959 (in short the 'Arms Act'). Two other persons namely, Nirmal Singh and Shiv Janam Singh were also convicted in terms of Section 302 read with Section 34 IPC. Four other accused persons were acquitted by the Trial Court. Respondents 2 and 3 filed Criminal Appeal No. 90 of 2004 before the Patna High Court in which the present appellant, the informant has also appeared. Though prayers for bail were earlier made during the pendency of the appeal, they were rejected on 23.3.2004 and 24.8.2006. However, liberty was granted in the latter case to renew the prayer for bail after six months. It was again made on 14.3.2007 which has been allowed by the impugned order.
(3.)According to the appellant, the impugned order of the High Court shows a total non application of mind. No reason has been indicated as to why the prayer for bail was accepted after same was rejected on two earlier occasions, when there was no change in circumstances.


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