This order grants anticipatory bail to petitioners in a murder case under Sections 302 and 34 IPC involving a land dispute. The court directed release subject to furnishing a bail bond of Rs.10,000 with two sureties of similar amount.
Release of petitioners on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16095 of 2015
Arising Out of PS.Case No. -355 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== 1. Bechan Yadav @ Bahadur Yadav S/o Late Guneshwar Yadav, resident of Village-Sakarapaharpur, P.S-Bakhtiyarpur, District-Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16272 of 2015 Arising Out of PS.Case No. -355 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== 1. Manish Yadav S/o Phulo Yadav, resident of village- Didhia, P.S.Saharsa, District- Saharsa .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.16095 of 2015) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md.Fahimuddin(APP) (In Cr.Misc. No.16272 of 2015) For the Petitioner/s : Mr. For the Opposite Party/s : Mr. Md. Fahimuddin(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 08-06-2015 Heard both sides. The petitioners seek their bail in Bakhtiyarpur P.S.Case No.355 of 2014 registered under Sections 302 and 34 of the Indian Penal Code. The informant alleged that the petitioners killed his husband due to land dispute. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and it is a case of last
Patna High Court Cr.Misc. No.16095 of 2015 (2) dt.08-06-2015
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seen. Except for the same, there is no direct or indirect evidence against the petitioners for committing murder of the deceased. It has also been submitted that there is no eye witness of the occurrence and that the petitioners are in custody since 6.11.2014 and 30.1.2015 respectively.
On behalf of the State it has been submitted that the petitioners are named in the FIR.
Considering the facts aforesaid, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S.Case No.355 of 2014.
(Sudhir Singh, J)
ahk/U T
3 issues framed by the court
Whether the petitioners should be released on bail in a murder case involving Sections 302 and 34 IPC, considering lack of direct evidence and absence of eye witness.
Whether the petitioners with no criminal antecedents satisfying bail conditions should be granted bail in the pending criminal charges.
Whether the onus regarding release on bail lies with the petitioner or the State given the sufficiency of the FIR charges.
Bechan Yadav @ Bahadur Yadav
Manish Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
