On an application for anticipatory bail in a murder case, the Patna High Court granted bail conditionally, provided the petitioner appears in court within four weeks of arrest or surrender, and furnishes a bond and sureties.
Bail granted on condition of appearing within four weeks of arrest/surrender and furnishing bond 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.26900 of 2015
Arising Out of PS.Case No. -82 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Gobinda Mandal @ Givind Kumar, Son of Shivdani Manal, resident of Village-Akasi Kachahari Tola, P.S-Bariyarpur, Distt-Munger .... .... Petitioner Versus The of state Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kumar Kamal Nayan For the Opposite Party : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged by the informant that on 27.03.2015 her son along with his body guard had went out for his restaurant situated in Fort campus. At about 1.15 P.M. she got information that her son Uttam had been murdered by some miscreants in his restaurant and he has been taken to Sadar hospital on a police vehicle. She rushed to the hospital where she saw her son lying in pool of blood and it was reported by the doctor that he has died.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is not named in the FIR. There is no direct or indirect evidence nor there
Patna High Court Cr.Misc. No.26900 of 2015 (3) dt.24-09-2015
2
is any circumstantial evidence to suggest the implication of the petitioner in the present case. The name of the petitioner has come on the basis of a confessional statement of one co-accused Golu @ Uttam has already been granted bail by this Court vide Cr.Misc.No.41545 of 2015
On behalf of the State, it is submitted that the name of the petitioner has come in course of the investigation.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Munger in connection with Kotwali P.S.Case No.82 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner should be granted bail on a promise to appear in case of arrest or surrender within four weeks.
1 provisions across 1 enactments
Gobinda Mandal
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
