The Patna High Court granted anticipatory bail to the petitioner in an FIR alleging murder and causing miscarriage of justice, imposing conditions on the bail bond amount and sureties.
The petitioner was released on anticipatory bail during arrest or surrender within 12 weeks by furnishing a bail bond of Rs. 10,000 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23103 of 2015
Arising Out of PS.Case No. -689 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Shiv Lal Kisku .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
It is alleged that the son of the informant went for fishing on 26.12.2014 but on 27.12.2014 his dead body was recovered. The suspicion was raised against the petitioner and others since there was some dispute between the petitioner and son of the informant and others with regard to fishery right.
It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled and there is no eye-witness to the occurrence. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the suspicious nature of accusation, let the
Patna High Court Cr.Misc. No.23103 of 2015 (2) dt.13-07-2015
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above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Purnea in connection with K. Nagar (Maranga) P.S. Case No. 689 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-co-operation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in view of the suspicion raised against him and the nature of the accusation.
Shiv Lal Kisku
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
