In two connected criminal miscellaneous applications arising from a murder case, the Patna High Court granted bail to two petitioners accused of shooting death, directing execution of bail bonds and conditions.
Petitioners directed to be released on bail by executing 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.18485 of 2014 (3) dt.16-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18485 of 2014 Arising Out of PS.Case No. -229 Year- 2012 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Shambhu Sahni Son of Baue Lal Sahni Resident of Village Nonpur, P.STeghra, District- Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17168 of 2014 Arising Out of PS.Case No. -229 Year- 2012 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Birju Mahton @ Birju Kumar Mahto S/o Ramotar Mahto Resident of village- Basahi, P.S.- Cheria Bariarpur, District- Begusarai .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.18485 of 2014) For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr. APP (In Cr.Misc. No.17168 of 2014) For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 16-07-2014 Above noted applications have arisen out of one occurrence i.e. Cheria Bariarpur P.S. Case No. 229 of 2012 as such they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in connection with Cheria
Patna High Court Cr.Misc. No.18485 of 2014 (3) dt.16-07-2014
Bariarpur P.S. Case No. 229 of 2012 registered for the offences punishable under Sections 302, 120 (B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, criminals came at the liquor shop of the informant and shot the son of the informant and before death the son of the informant stated that Manoj Gupta committed the crime and further co-accused Pranav Premi has brought two other miscreants on motorcycle and after committing the crime they fled away. During investigation, on the basis of information furnished by spy, both the petitioners have been arrested and the petitioner Birju Mahto @ Birju Kumar Mahto has confessed his guilt.
Submission at the bar for release of the petitioners is that both have been falsely implicated, extra judicial confession made before the Police has no evidentiary value, FIR named accused persons Manoj Gupta @ Manoj Kumar Gupta, Sanjay Sah @ Chintu Gupta have been allowed pre arrest bail by another Bench of this Court and further Pranav Premi has also been admitted to regular bail by another Bench of this Court vide Cr. Misc. No. 15018 of 2013 and the case of the petitioner is not different to which the learned APP after going through the case diary is not in a position to distinguish the case of the petitioners.
In the facts and circumstances as stated above
Patna High Court Cr.Misc. No.18485 of 2014 (3) dt.16-07-2014
petitioner Shambhu Sahni of Cr. Misc. No. 18485 of 2014 and petitioner Birju Mahton @ Birju Kumar Mahto of Cr. Misc. NO. 17168 of 2014 are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Cheria Bariarpur P.S. Case No. 229 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
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1 issue framed by the court
Whether the petitioners should be granted bail in the offences punishable under Sections 302, 120(B), 34 of IPC and Section 27 of Arms Act.
2 provisions across 2 enactments
Shambhu Sahni
Birju Mahton @ Birju Kumar Mahto
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
