H.C. granted bail to petitioner named in murder case under IPC 302/34 and Arms Act, noting he was the order giver with no injury attributed to him.
Released on bail upon furnishing bond of Rs. 10,000/- with two sureties of like amount each to satisfy J.M.
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.23417 of 2015
Arising Out of PS.Case No. -40 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Maheshwar Yadav S/o Late Garvu Yadav resident of village - Mehadi Bigha, P.S. Chandi, Distt. - Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 12-08-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
The petitioner is in custody in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.
The prosecution case in, brief, is that on 8.2.2015 in the morning when the informant went for call of nature, four accused persons tried to surround him, he fled away towards his house and conceal himself and saw accused Manoj Yadav, Maheshwar Yadav, Sarwan Yadav, Vijendra Yadav, Bulkan Yadav and Manu Yadav armed with rifle and Katta and searching him in his house, his sister, who was on the roof of the house replied that the informant has not come to the house, the accused
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persons abused his sister and on her protest accused Manoj Yadav on the order of Maheshwar Yadav fired at his sister and she died.
On behalf of the petitioner, it is submitted that the petitioner is in custody since 9.2.2015.Charge sheet has been submitted in this case. As per prosecution itself, the petitioner is order giver. No injury has been attributed against the petitioner.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, let above named petitioner 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 learned J.M., 1st Class, Hilsa at Nalanda in Chandi P.S.Case No.40/2015.
(Sudhir Singh, J)
singh/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering he was the order giver but no injury was attributed against him.
2 provisions across 2 enactments
Maheshwar Yadav
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
