Bail application filed in a case involving offences under Sections 147, 148, 342, and 302 of IPC. The petitioner argued for bail citing lack of eyewitnesses and family dispute. The court granted bail on Rs. 10,000 with sureties.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.41225 of 2013 (2) dt.01-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41225 of 2013
| ====================================================== Hari Lal Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
|---|
Appearance : For the Petitioner/s : Ms. Pravina Kumari For the State : Mr.Umanath Mishra, APP |
| ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER |
| 2 01-10-2013 Heard learned counsel for the petitioner and the |
| learned Additional Public Prosecutor for the State. |
Petitioner seeks regular bail in a case registered for the offences punishable under Sections 147,148,342,302 of the Indian Penal Code.
Learned counsel for the petitioner has drawn my attention to the First Information Report registered on the basis of the written report of the informant, who is wife of the deceased.
Learned counsel for the petitioner submits that there
are general and omnibus allegations against all the accused persons of having assaulted the deceased with Lathi. She submits that there is no eye witness and no reference in the First Information Report as to how the informant learnt about the manner of occurrence. She submits that evidently there is family dispute which is the basis for instituting the First Information
Patna High Court Cr.Misc. No.41225 of 2013 (2) dt.01-10-2013
Report and the petitioner has no criminal antecedent except one under Sections 147,323,337,379,427/504 of the Indian Penal Code instituted in the year 2009 in which he was granted bail.
In view of the above, let the petitioner, Hari Lal Yadav, 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 Chief Judicial Magistrate, Bhagalpur in Sultanganj P.s. case No. 40 of 2013.
(Chakradhari Sharan Singh, J)
Arun Kumar/-
3 issues framed by the court
Whether the petitioner, Hari Lal Yadav, is entitled to a bail order in a case involving offences of murder and affray.
Whether the quantum and conditions of the bail bond are suitable for the petitioner's release.
Whether the allegations of collusion and absence of eyewitnesses justify the grant of bail.
Hari Lal Yadav
The State Of Bihar
Chakradhari
Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
