In a bail application under Sections 302/34 IPC and Section 27 Arms Act, 1959, the court considered allegations of conspiracy and lack of eyewitness evidence. The Petitioner sought release, arguing he was not present at the scene. The Court granted bail.
Petitioner released on bail by furnishing bonds of Rs. 10,000/- with two sureties.
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. 11597 of 2014
Arising Out of PS.Case No. -500 Year- 2013 Thana -BARAUNI District- BEGUSARAI ====================================================== Krishnandan Thakur Son of Ramdeo Thakur Resident of Village- Tilrath, P.S.- Barauni, District- Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
6. 10-07-2014 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared.
The petitioner seeks bail in Barauni P.S. Case No. 500 of 2013 dated 01.10.2013 instituted for offence punishable under Sections 302/34 of the Indian Penal Code and 27 of The Arms Act, 1959.
Learned counsel for the petitioner submits that though he is named in the F.I.R., but only in the context that a day prior to the incident he along with another coaccused had threatened the deceased. It is submitted that only on the confessional statement of co-accused Chandra Prakash Paswan, in which the petitioner is also said to be a co-conspirator, nothing else has come against him during the entire investigation. It is submitted that the persons who
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were present at the spot where the incident took place have named two other persons as being the main perpetrators of the crime but the petitioner was neither involved in the crime nor present at the place of occurrence as per the confessional statement. Learned counsel submits that during investigation in the restatement of the informant and other witnesses the story has been developed so as to show the petitioner to be party to the crime. It is submitted that the petitioner has clean antecedent and is in custody since 26.10.2013.
Learned A.P.P., upon going through the case diary, does not dispute the fact that the witnesses who were present at the time, have not taken name of the petitioner either of having a role in the killing or being present at the spot or buying/drinking liquor at the shop. Learned counsel for the informant submits that in the F.I.R. itself there is allegation of conspiracy.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Barauni P.S. Case No. 500 of 2013. The petitioner shall cooperate in the trial and shall be present on each and every date fixed in the case. Failure to do so on two consecutive dates, without
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sufficient cause, shall lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
1 issue framed by the court
Whether the petitioner should be granted bail in a case concerning murder and illegal possession of arms.
2 provisions across 2 enactments
Krishnandan Thakur
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
