PANCHANAN MISHRA Vs. DIGAMBAR MISHRA

JUDGEMENT

(1.) Leave granted in both the Special Leave Petitions.

(2.) Two Special Leave Petitions being Nos. 3315 and 3316 of 2004 were filed against the impugned non-speaking orders passed by the high Court of Patna in Criminal Appeal Nos. 50 of 2004 and 62 of 2004 granting the bail to accused Nos. 1 to 3 without considering the criminal history of the accused, the evidence available against them, the threats to the life of the complainant/appellant and his family members and likelihood to abscond from the criminal courts of justice and rendering the fair trial impossible. There are six accused in this case. They are : 1. Mahendra Mishra (no bail granted) ; 2 and 3. Rajendra Mishra and Jitendra mishra (bail granted) ; 4. Digambar Mishra (bail granted) ; 5 and 6. Nagendra Mishra and Gopal Mishra (absconding/not on trial).

(3.) All the above accused persons have been charged for being members of an unlawful assembly and committing murder of Sunil kumar Mishra and Chandra Shekhar Mishra and attempt to commit murder of Manoj Kumar mishra, Anil Kumar Mishra and Panchanan mishra. The accused were armed with the guns and they surrounded the brothers and the complainant / appellant. Digambar Mishra fired from his licensed gun at Sunil Kumar Mishra who fell down. Mahendra Mishra fired at Chandra shekhar Mishra who also fell down. Gopal mishra fired three shots from his country made pistol on the complainant/appellant and the complainant managed to run towards his house raising an alarm. The complainant brought the two injured sons on a thela to Sardar Hospital, munger but they died before any medical help could be given to them and they were declared dead. One of the deceased was an advocate, another was lecturer and one was appointed auditor.