The High Court granted regular bail to the petitioner in a murder case where he was not initially named in the FIR but listed in a supervision note. He was directed to furnish a bond.
Petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.4539 of 2015
Arising Out of P.S. Case No. -59 Year- 2013 Thana - BITHAN BAZAR District- SAMASTIPUR ====================================================== Nandan Mukhiya @ Nandan Sahni, Son of Lakshmi Mukhiya, resident of Village - Sakhwa, P.S. Bithan, District - Samastipur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 03-02-2015 Heard both sides.
The petitioner seeks regular bail in Bithan P.S. Case No. 59 of 2013 registered under Section 302 and other sections of the Indian Penal Code.
The informant alleged that his son had gone to purchase mutton but Pankaj Yadav, Fokasia Yadav and 7/8 other unknown persons assaulted his son and his son died.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. There is no allegation against the petitioner. During the course of supervision, the name of the petitioner figured in the case. Fokasia Yadav, one of the named accused, has already been enlarged on bail vide Cr. Misc. No. 51879/2013. Another co-accused Mohan Mukhiya @ Mohan Sahni has also been enlarged on bail vide Cr. Misc. No.
Patna High Court Cr.Misc. No.4539 of 2015 (2) dt.03-02-2015
2/2
10688/2014.
On perusal of the records, it appears that the petitioner is not named in the F.I.R. Fokasia Yadav and Pankaj Yadav along with 7/8 other unknown persons have assaulted the son of the informant with fists and slaps. The name of the petitioner figured in the case in the supervision note.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manjur Alam, Judicial Magistrate 1st Class, Rosera, Samastipur in Bithan P.S. Case No. 59 of 2013.
(Prabhat Kumar Jha, J)
Dilip/-
U T
1 issue framed by the court
Whether the petitioner, who was not named in the FIR but later included in the case via a supervision note, is eligible for regular bail.
1 provisions across 1 enactments
Nandan Mukhiya
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
