This Court rejected the bail application of the petitioner, an accused in a murder case, on the ground that the eye-witness informant to the occurrence was yet to be examined during the trial.
Prayer for bail of the petitioner Maku Tiriya was rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9823 of 2017
Maku Tiriya @ Somnath Tiriya …......... Petitioner(s).
Versus The State of Jharkhand .. … Opp. Party(s).
-----CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) :Mrs. Shruti Shrestha, Advocate. For the State :A. P.P.
03/26.02.2018: Heard the learned counsel for the petitioner(s). Learned Addl. P.P opposes the prayer for bail.
The petitioner is an accused for the offence under Sections 302, 115 and 120-B of the Indian Penal Code and Section 27 of the Arms Act in connection with Manjhari P.S. Case No. 27/2017, corresponding to G.R. No. 404 of 2017, pending in the court of learned Sub-Divisional Judicial Magistrate, Sadar at Chaibasa.
It is alleged that the informant is eye witness to the occurrence in which, her father was murdered. The informant is yet to be examined during trial.
Counsel for the petitioner submits that though the petitioner is named in the FIR but there is no specific allegation of overtact against him. She further submits that informant has not identified this petitioner to be an assailant.
After going through the record, this Court finds that the informant is an eye witness to the occurrence in which, her father was assaulted and thereafter, he was murdered.
Since the informant is yet to be examined during trial, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner, namely, Maku Tiriya @ Somnath Tiriya, is rejected.
Anu/-C.P.-3
2 issues framed by the court
Whether the petitioner qualifies for bail in a murder case where the eye-witness informant has not yet been examined.
Whether the absence of specific overtact allegations against the petitioner warrants the grant of bail.
2 provisions across 2 enactments
Maku Tiriya
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
