Babuandan Sadai @ Babunand Sadai @ … vs The State Of Bihar on 22 July, 2011

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CR. APP (SJ) No.489 of 2011
                 Babuandan Sadai @ Babunand Sadai @ Babunanda Sadai & Anr.
                                                  Versus
                                           The State Of Bihar
                                                -----------

3. 22.7.2011 The prayer for bail of the appellants has been

placed for consideration on receipt of the lower court records.

As regards appellant Babunandan Sadai alias

Babunand Sadai alias Babunanda Sadai, he is said to have

pierced iron rod into the chest of the deceased and, thereby,

killed him. Considering that his prayer for bail is dismissed in

spite of the fact that he has been convicted under Section 304

Part-I of the Indian Penal Code and has been sentenced to

undergo rigorous imprisonment for ten years out of which he has

remained in custody for more than seven years.

As regards appellant Jibachh Sadai, considering

that there is no allegation of any sort upon him and further

considering that he was on bail earlier, let him, namely, Jibachh

Sadai be directed to be released, during pendency of this appeal,

on furnishing a bond of Rs. 10,000/-( ten thousand) with two

sureties of the like amount each to the satisfaction of the trial

court, i.e., Additional Sessions Judge, Fast Track Court-II,

Madhubani, in Sessions Trial No. 352 of 2004.

While going through the judgment impugned

herein, I came to form an opinion that there is need to give

notices to the appellants on enhancement of sentence against the

findings of the learned trial court as regards the constitution of
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the offence in the light of the facts established by the

prosecution.

Let notices be issued against the appellants calling

upon them to show cause as to why this Court should not

enhance the sentence by differing with the finding of the court

below as regards the application of the of the offence of the

Penal Code.

Notice upon appellant Babunandan Sadai alias

Babunand Sadai alias Babunanda Sadai should go through the

Superintendent of District Jail, Madhubani.

Rule is made returnable in four weeks, whereafter

the appeal shall be listed before the appropriate Bench.

Kanth                                        ( Dharnidhar Jha, J.)