Two criminal miscellaneous petitions seeking bail in a murder case arising from PS Case No.135 of 2014. The court considered evidence delays and witness credibility before granting bail by common order.
Petitioners released on bail on furnishing bonds of Rs. 10,000/- each with two sureties to the CJM Khagaria.
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.
Patna High Court Cr.Misc. No.37386 of 2014 (5) dt.04-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37386 of 2014
Arising Out of PS.Case No. -135 Year- 2014 Thana -ALOULI District- KHAGARIA
======================================================
Chamru Singh, son of Sri Rambadan Singh
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.45280 of 2014
Arising Out of PS.Case No. -135 Year- 2014 Thana -ALOULI District- KHAGARIA
======================================================
1. Deo Chandra Singh S/o Ram Chandra Singh @ Bhultan Singh
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.37386 of 2014)
For the Petitioner/s : Mr. Tarun Kumar Sinha
For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App)
(In Cr.Misc. No.45280 of 2014)
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Uday Pratap Singh(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
5 04-03-2015 Both the above stated petitions have arisen out of
Alauli P.S. Case No. 135 of 2014 registered for the offence
punishable under Section 302 of the Indian Penal Code but after
completion of investigation charge sheet was submitted for the
offences punishable under Sections 376/511, 379, 302/34 of the
Indian Penal Code and accordingly, both the above stated petitions
are being disposed of by this common order.
Patna High Court Cr.Misc. No.37386 of 2014 (5) dt.04-03-2015
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
Petitioners are not named in the first information report and it is alleged that one old mobile set was recovered near the place of occurrence and in course of investigation, the investigating officer came to conclusion that the sim of the aforesaid mobile had been issued in the name of one Lalji Singh and when the wife of aforesaid Lalji Singh was enquired, she disclosed that petitioner in Cr. Misc. No. 45280 of 2014 got issued the sim of the said mobile using identity card of the said Lalji Singh and thereafter, it is alleged that one pant containing mud was recovered from the house of the petitioner. Furthermore, in course of investigation, one Ranju Devi, who happens to be relative of the informant gave a written petition claiming herself to be an eye witness of the alleged occurrence and stated that she had seen the petitioners and others committing the alleged crime but admittedly, the aforesaid Ranju Devi gave written petition to concerned officer in charge after three days of the alleged occurrence.
Had the aforesaid Ranju Devi been an eye witness of the alleged occurrence, being relative of the informant she would have disclosed the name of petitioners just after the alleged
Patna High Court Cr.Misc. No.37386 of 2014 (5) dt.04-03-2015
occurrence.
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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 135 of 2014.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether petitioners can be granted bail in an offence under Section 302 IPC amidst testimonial discrepancies.
Chamru Singh
Deo Chandra Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
