This is an oral bail order of the Patna High Court allowing the release of the petitioner, Sudhir Rai, on bail in a murder case. The Court granted bail subject to furnishing a security bond and two sureties.
Directed the petitioner to be released on bail by furnishing a bond of Rs. 10,000 along 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.
Patna High Court Cr.Misc. No.4955 of 2014 (3) dt.24-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4955 of 2014
====================================================== SUDHIR RAI, SON OF SAHDEO RAI, RESIDENT OF VILLAGE - SIMARIYA BHINDI TOLE SEDHI, P.S.- KALYANPUR, DISTRICTSAMASTIPUR. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 24-04-2014 Heard learned counsel for the petitioner, learned counsel for the informant and also learned A.P.P. for the State.
The petitioner is accused in connection with Kalyanpur P.S. Case No. 20 of 2010 registered under Section 302/34 of the Indian Penal Code.
In the midnight of 05/06.02.2010, the informant and his wife herd the sound of firing and went near the house of his brother, Ram Bhawan Rai, where the father-in-law of his brother was found in pull with blood in dead condition. They saw the petitioner along with six others standing there using abusive language that real person escaped.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is no specific allegation against the petitioner and others rather they were seen standing near the place of occurrence but later on the informant and his
Patna High Court Cr.Misc. No.4955 of 2014 (3) dt.24-04-2014
family members claimed to have an eye witnesses of the occurrence saying the involvement of the petitioner and others in the present case. Learned counsel for the petitioner further submits that similarly situated co-accused, Navin Rai and Sahdeo Rai have already been granted privilege of bail by this Court vide order dated 13.03.2014 and 10.03.2014 passed in Criminal Misc. no. 4141 of 2014 and Criminal Misc. No. 1799 of 2014. It is further submitted that petitioner is in custody since 30.09.2013.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 20 of 2010.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
2 issues framed by the court
Whether the petitioner should be released on bail in a case under section 302 IPC.
Whether the petitioner qualifies for bail despite being an accused in a murder case.
Sudhir Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
