This bail order in two connected Criminal Miscellaneous petitions arising from sections 302, 364 IPC and Arms Act allowed the release of petitioners on bail.
Released on bail on furnishing bond of Rs. 10,000/- each with two sureties.
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Patna High Court Cr.Misc. No.19840 of 2015 (3) dt.29-09-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19840 of 2015
Arising Out of PS.Case No. -225 Year- 2014 Thana -BELHAR District- BANKA ====================================================== 1. Kailash Yadav son of Jogeshwar Yadav resident of village- Bela P.S. Belhar, District- Banka .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20078 of 2015 Arising Out of PS.Case No. -225 Year- 2014 Thana -BELHAR District- BANKA ====================================================== 1. Birendra Yadav Son of Mahendra Yadav, 2. Surendar Yadav @ Surendra Yadav, Son of Mahendar Yadav, Both resident of village - Bela, P.S. - Belhar, District - Banka. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.19840 of 2015) For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Shyam Bihari Singh(App) (In Cr.Misc. No.20078 of 2015) For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.09.2015 Both the above stated petitions arise out of Belhar P.S. Case no. 225/2014 registered under sections 364, 302 of the Indian Penal Code and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order.
Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
Patna High Court Cr.Misc. No.19840 of 2015 (3) dt.29-09-2015
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Petitioners are named in the first information report with
accusation that he along with other accused took the deceased and subsequently, in the next morning dead body of the deceased was found.
found.
The contention on behalf of the petitioners is that informant is not eye-witness of the alleged occurrence but in course of investigation at paras 17 and 41 of the case diary, two witnesses ,who happen to be family members of the deceased, claimed to have seen petitioners and others taking away the deceased. It is further contended by learned counsel for the petitioners that deceased was a veteran criminal and he was killed by some unknown person but due to land dispute, petitioners have been implicated in this case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Belhar P.S. Case no. 225/2014.
shahid
(Hemant Kumar Srivastava,J)
U T
3 issues framed by the court
Whether the petitioners are entitled to be released on bail in a case involving sections 302 r/w 364 IPC and Arms Act.
Whether the allegations against the petitioners are vague or vague impression only.
Whether the petitioners are antitypically bailable in apprehension of flight.
Kailash Yadav and Birendra Yadav and Surendar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
