Oral order granting bail to the petitioner in an encouter case involving sections 302 IPC and 27 Arms Act, directing release on bond with family member as surety.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount, one being the petitioner's close family member.
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.19095 of 2013
====================================================== Birbal Murmu @ Panchu Murmu @ Panchu Da .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 04-10-2013 Heard learned counsel for the petitioner and the State. The sole petitioner seeks bail in a case under diverse sections including sections 302 and 364 of IPC, section 27 of the Arms Act as well as section 17 of C.L.A. Act instituted on the self statement of the S.H.O. Kajra police station on 29.8.2010.
As per the prosecution case, there was an encounter of the police party with the group of Maoists near the Kajra forest. In firing and cross-firing six constables laid down their lives. The informant has alleged that 18 named persons along with 150 unknown persons had attacked the policy party.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name surfaced in course of investigation during the confessional statement of the accuseds Pinku Yadav and Krishna Kumar Yadav. The petitioner is in custody since 23.01.2013. Several accused persons including the said Pinku Yadav and Krishna Kumar Yadav have been released
Patna High Court Cr.Misc. No.19095 of 2013 (3) dt.04-10-2013
2 / 2
on bail. He draws attention of the Court to Annexure-2.
From the Stamp Reporting Check slip kept on record, it appears that several accused persons have since been granted either regular bail or anticipatory bail.
Considering the facts and circumstance of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 33/10 on condition that one of the bailors shall be his own/close family member.
(Kishore Kumar Mandal, J)
HR/-
Birbal Murmu @ Panchu Murmu @ Panchu Da
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
