The Patna High Court in an oral order granted regular bail to the petitioner in a murder and kidnapping case, requiring a bond with sureties and subject to appearance conditions.
Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties of like amount.
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.
Patna High Court Cr.Misc. No.49236 of 2012 (4) dt.18-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49236 of 2012
====================================================== Sunil Singh @ Sunil Kumar S/O Sri Omprakash Singh @ Omprakash Yadav @ Funnu Singh R/O Bikhaua, P.S- Fatuha, Distt- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate. For the Opposite Party/s : Mr. B.M.P. Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
4 18-04-2013 Heard learned counsel for the parties.
This is a petition for regular bail in a case registered under sections 364,302and 201/34 of the I.P.C.
Only allegation against the petitioner is that the petitioner was last seen with the deceased taking meal and wine along with some unknown persons in a hotel and thereafter dead body of the deceased was found near the Ganges river.
Learned counsel submits that the petitioner has no criminal antecedent. There is no eye witness to the occurrence. He further submits that only last seen with the petitioner is not sufficient evidence to prove complicity of the petitioner in this case as there is no direct allegation of kidnapping and murder rather it is a case of circumstantial evidence.
Hence, having regard to the facts and circumstances
Patna High Court Cr.Misc. No.49236 of 2012 (4) dt.18-04-2013
of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge- VI, Patna City, in S.Tr.1084/12 arising out of Fatuha P.S. Case No.121 of 2012 subject to the condition that he will appear on each and every date fixed in the trial and his absence on two consecutive dates shall be ground of cancellation of his bail bond.
AnilKrSinha/-
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner be granted regular bail in an IPC murder and kidnapping case based on last-seen circumstances and lack of antecedents.
1 provisions across 1 enactments
Sunil Singh @ Sunil Kumar S/O Sri Omprakash Singh
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
