This oral order in the Patna High Court disposed of a bail petition challenging a conviction under Sections 302/34 IPC. The court ordered the release of the petitioner on regular bail with a bond and conditions regarding appearance.
Petitioner released on bail on furnace Ra 10,000 with two sureties subject to appearance conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.24869 of 2012 (3) dt.10-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 24869 of 2012
====================================================== Chando Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 10-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 302/34 of the Indian Penal Code.
There is allegation that this petitioner along with others took the victim on 25.11.2010 and his dead body was found on 26.11.2010. However, the motive of the occurrence is alleged that prior to the occurrence, the wife of the deceased was taken on 21.11.2010 on the pretext of jhar phuk for giving birth to a child. The wife reported that she has been raped by petitioner.
Learned counsel for the petitioner submits that the only material against the petitioner is of last seen as the informant alleged that the victim went along with the petitioner and others. The death is said to be by strangulation. However, there is no eye-witness to the occurrence and the case hinges
Patna High Court Cr.Misc. No.24869 of 2012 (3) dt.10-09-2012
on circumstantial evidence with allegation of last seen. The petitioner is in jail since 13.10.2011.
Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C.-1st , Jamui in connection with Chakra Pathar (Sono) P. S. Case No. 113 of 2010, subject to the condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be subject to the satisfaction of the court below on reasonable grounds and further any absence of the petitioner on two consecutive dates shall itself be a ground for cancellation of bail bond of the petitioner.
Kundan/-
(Gopal Prasad, J.)
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case based on circumstantial evidence absent eye-witnesses.
1 provisions across 1 enactments
Chando Yadav
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
