The Patna High Court granted bail to petitioners accused under Sections 302/34 IPC and Arms Act 27, directing them to secure fixed bonds with sureties before the Chief Judicial Magistrate.
Released on bail on furnishing bonds of Rs.10,000 each 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.13486 of 2014 (2) dt.16-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13486 of 2014
Arising Out of PS.Case No. -117 Year- 2013 Thana -PARAIYA District- GAYA ====================================================== 1. Usha Devi W/O Sri Sudama Prasad 2. Tinku Kumar S/O Sri Sudama Prasad 3. Santosh Prasad S/O Shree Prasad 4. Lallan Prasad S/O Shree Prasad All Resident Of Village Jhikatiya, P.S. Pariya, District Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------------
2 16-06-2014 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are named accused of a case which has been registered against five persons for offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The allegation is that in a conspiracy hatched up by Usha Devi, the brother of the informant was caught by other three petitioners and he was shot at by Balrm Kumar.
Submission is that the petitioners are not the assailants of the deceased. In paragraph 3 of this application, it has been mentioned that the petitioners have no criminal antecedent.
Considering the facts and circumstances of the
Patna High Court Cr.Misc. No.13486 of 2014 (2) dt.16-06-2014
case, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Gaya in Paraiya P.S.Case No. 117 of 2013. (Shyam Kishore Sharma, J)
Tahir/U T
1 issue framed by the court
Whether the petitioners accused of murder and armed outrage in conspiracy are eligible for bail pending trial.
2 provisions across 2 enactments
Usha Devi W/O Sri Sudama Prasad et al.
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
