This oral order dealt with an anticipatory bail application. The court directed that if petitioners surrender within six weeks, no reason exists for lower courts to deny regular bail pending investigation in a murder case.
Allowed on condition of surrender within six weeks; directed lower court to consider regular bail application.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1186 of 2013 ====================================================== 1. Turinti Mahto son of Jhonti Mahto 2. Jhonti Mahto son of Late Garbhu Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 12-02-2013 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/201 of the I.P.C. and 27 of the Arms Act. Accusation is of killing the brother of the informant by unknown persons. The name of the petitioners sprang up on confessional statement of Ram Kumar Mahto as persons participated in the occurrence.
It is submitted by learned counsel for the petitioners that others who were charge-sheeted earlier stands acquitted when co-accused Anil Kumar Singh has been granted regular bail vide Cr. Misc. No. 11714 of 2011.
This Court sees no reason for learned Court below not to consider the regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Kusheshwar Asthan P.S. Case No. 278 of 2010,
Patna High Court Cr.Misc. No.1186 of 2013 (3) dt.12-02-2013
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corresponding to G.R. No. 749 of 2010, pending in the Court of
learned Chief Judicial Magistrate, Darbhanga.
With the observations above, the application
stands disposed off.
Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioners.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the petitioners should be granted regular bail upon surrender within six weeks in the murder and arms case.
Whether the acquittal of co-accused mandates bail for petitioners still facing arrest apprehension.
Turinti Mahto
Jhonti Mahto
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
