Patna HC granted bail to petitioners in a kidnapping and murder case registering a dispute over property usurpation enmity and prior criminal history.
Petitioners released on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount each.
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Patna High Court Cr.Misc. No.47852 of 2013 (2) dt.19-11-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47852 of 2013
====================================================== 1. Suresh Chaudhary S/O Late Chamari Chaudhary Resident Of VillageCaurua Tola Uperdih, P.S.- Gurua, Dist.- Gaya 2. Budhan Chaudhary S/O Suresh Chaudhary Resident Of Village- Caurua Tola Uperdih, P.S.- Gurua, Dist.- Gaya 3. Sudhan Chaudhary S/O Suresh Chaudhary Resident Of Village- Caurua Tola Uperdih, P.S.- Gurua, Dist.- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 19-11-2013 Heard learned counsel for the petitioners, learned APP for the State and learned counsel representing the informant. The petitioners seek bail in a case registered under Sections 302, 364, 201/34 of the Indian Penal Code.
Informant’s son Anurag Kumar was kidnapped on 16.1.2013 and after recovery of the dead body on 19.1.2013 the case was lodged. It has been alleged that the killing was because the accused persons wanted to usurp the property of the informant. Submission is that prior to the present case, the petitioner no. 1 has lodged a complaint case bearing C/569/1992 under section 379 and some other sections of the Indian Penal Code against Mohan Sao, Binod Sao and Ashok Sao in which the
Patna High Court Cr.Misc. No.47852 of 2013 (2) dt.19-11-2013
informant’s father Mohan Sao was held guilty. That was the reason of their enmity. It has also been submitted that the petitioners’ side lodged a case vide Gurua P.S. Case No. 7 of 2013 against Raju Sao and Satendra Sao which was found to be true after investigation.
Prayer for bail of the petitioners has been opposed and it has been submitted by the learned counsel appearing on behalf of the informant that the petitioners are committing offences to usurp the property.
Be that as it may, considering the facts and circumstances of the case, the petitioners above named are directed to be released on furnishing of bail bonds of Rs. 10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M./concerned Court, Sherghati in connection with Gurua P.S. Case No. 08 of 2013.
(Shyam Kishore Sharma, J)
avin/-
2 issues framed by the court
Whether petitioners are entitled to bail in a case alleging kidnapping and murder with an attempt to cause death.
Whether the enmity and property dispute between parties justify bail despite serious criminal charges.
1 provisions across 1 enactments
Suresh Chaudhary
Budhan Chaudhary
Sudhan Chaudhary
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
