Single judge allowed anticipatory bail to petitioner accused under IPC Sections 302 and 201. Bail granted as other co-accused on similar footing received bail and police submitted final report exonerating petitioner.
enlargened on bail on arrest within eight weeks with bond of Rs.10,000 and 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.40215 of 2014
Arising Out of PS.Case No. -70 Year- 2010 Thana -AWADPUR District- KATIHAR ====================================================== Sareful Hoda @ Md. Sareful Hoda, son of Late Samsuddin, resident of village- Pakatola, P.S. Abadpur, District- Katihar .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Braj Kishore Prasad Sinha For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
2 13-03-2015 Heard Sri Braj Kishore Prasad Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Abadpur P.S. Case No.70 of 2010 registered for the offence under Sections 302,201,279,120(B) of the Indian Penal Code, has prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioner that since altercation with family of the informant and petitioner and other side had taken place , the petitioner along with others were made F.I.R. accused for committing murder of husband of the informant. He submits that from perusal of F.I.R., it is evident that no one had seen the petitioner for committing the offence and only on suspicion, the petitioner has been made accused. It is further submitted that during investigation, no material against the
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petitioner and other F.I.R. accused has come and, as such, the police submitted final report vide Annexure-2 to the petition and the petitioner was exonerated. He further relying on an order dated 04.10.2013 passed in Cr.Misc.No.32239 of 2013 submits that other five accused persons, whose prayer for anticipatory bail was rejected along with the petitioner, have already been granted anticipatory bail.
Considering the facts and circumstances, particularly the fact that other accused persons on similar footing have already been granted bail, there is no reason to deny the prayer for anticipatory bail to the petitioner. Let the petitioner, namely, Sareful Hoda @ Md. Sareful Hoda, in the event of his arrest or surrender within a period of eight weeks from today, be enlarged 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 Chief Judicial Magistrate, Katihar in connection with Abadpur P.S. Case No.70 of 2010 subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J)
NKS/U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who is accused of murder and has been exonerated by the police final report.
1 provisions across 1 enactments
Sareful Hoda @ Md. Sareful Hoda
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
