Patna High Court granted bail to two petitioners accused of murder, possession of arms, and cheating for false implication. Release allowed on security with conditions to appear in court.
Released on bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48962 of 2012
====================================================== 1. Sandesh Singh @ Anil Choudhary, Son of Late Subhag Singh 2. Nakhru Kharwar, Son of Gambhira Kharwar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 04-04-2013 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.
Both the petitioners, who are languishing in custody, seek bail in a case registered under Sections 302/34 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act, are named accused in this case on suspicion due to some previous enmities.
Submission is of false implication and nothing emerged during investigation except suspicion without substantial foundation. Further, the petitioners are languishing in custody having no criminal antecedents except three, wherein, they are on bail .
If it is so , having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua, in connection with Bhagwanpur P.S. Case No. 9 of 2011, subject to
Patna High Court Cr.Misc. No.48962 of 2012 (3) dt.04-04-2013
2
condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled.
Praveen-II/-
(Akhilesh Chandra, J)
1 issue framed by the court
Whether petitioners accused in a murder case should be released on bail given lack of substantial evidence and absence of criminal antecedents.
3 provisions across 3 enactments
Sandesh Singh @ Anil Choudhary
Nakhru Kharwar
The State Of Bihar
Akhilesh Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
