Bail application filed by sole accused in murder case. Court examined stage of trial and witness depositions revealing lack of corroborative evidence against petitioner despite golden committedCID statement. Ordered release on bail.
Petitioner released on bail upon furnishing bond of Rs.10,000 with two sureties of similar amount.
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Patna High Court Cr.Misc. No.2387 of 2014 (3) dt.14-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2387 of 2014
| ====================================================== 1. Sheo Bhagat Son Of Late Saryu Bhagat Resident Of Village/Mohalla - Jaitpur; Police Station - Jaitpur (O.P.) Saraiya, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kailash Nath Diwakar, Advocate For the Opposite Party/s : Mr. Addl.P.Pl ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER -------------- |
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| 3 14-03-2014 Heard learned counsel for the petitioner and learned counsel for the State. |
The petitioner is the sole named accused of a case which has been registered for offence under Section 302 of the Indian Penal Code.
Informant received information through Pankaj Kumar son of Musafir Bhagar that his grand father Durga Bhagat aged 90 years was assaulted by fists and slaps by the petitioner. The informant’s grand father died after half an hour.
The report regarding stage of trial was called for which has been received. From the report it appears that five prosecution witnesses have been examined and informant and some other witnesses are yet to be examined.
Learned counsel for the petitioner has produced the
Patna High Court Cr.Misc. No.2387 of 2014 (3) dt.14-03-2014
certified copy of depositions of the witnesses. It appears that Pankaj Kuamr son of Musafir Bhagat through him information regarding assault was given has been examined as P.W.2 in Sessions Trial No. 399 of 2013 and he in paragraph 1 has stated that he has not seen as to who had assaulted. Other witnesses examined are Nirmala Devi, Santosh Kumar Singh, Dilip Bhagat and Musafir Bhagat and they have not supported the allegation against the petitioner.
Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge/concerned court, Muzaffarpur in Sessions Trial No. 399 of 2013 arising out of Saraiya P.S.Case No. 116 of 2010.
(Shyam Kishore Sharma, J)
Tahir/-
2 issues framed by the court
Whether the petitioner accused of murder offence under Section 302 IPC should be released on bail.
Whether the depositions and witness statements support the prosecution case against the petitioner.
1 provisions across 1 enactments
Sheo Bhagat
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
