Single judge order granting regular bail to the petitioner in an FIR alleging murder and criminal conspiracy, distinguishing his case from co-accused where evidence was based solely on suspended statements. Bail granted with condition of appearance.
Petitioner released on bail bond of Rs. 10,000/ with two sureties of like amount.
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.47564 of 2015
Arising Out of PS.Case No. -85 Year- 2015 Thana -DIDARGANJ
District- PATNA
===================================== 1. Tinku Kumar, aged about 25 years, Son of Sri Rajo Singh, R/v Fatehjangpur @ Fatehzampur, P.S. - Didarganj, District - Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s
=====================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s :Mr. Sadanand Paswan (SPL. PP.) =====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
This application for grant of regular bail arises out of Didarganj P.S. Case No.85 of 2015, disclosing offences under Sections 302, 120B/34 of the Indian Penal Code.
Learned counsel, appearing on behalf of the petitioner, submits that three persons have been named in the First Information Report, out of whom, two persons, namely, Ram Iqbal Paswan and Birju Sao, have been
Patna High Court Cr.Misc. No.47564 of 2015 (2) dt.03-11-2015
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granted bail by common order of this Court, dated 14.10.2015, passed in Cr. Misc. Nos.41558 and 42841, both of year 2015. He submits that the case of the present petitioner is identical. He further submits that the petitioner and other co-accused persons have been made accused merely on the basis of suspension, though; there is nothing specific against them.
Considering the submission, as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna City, Patna, in connection with Didarganj P.S. Case No.85 of 2015 (G.R. No.1222 of 2015) .
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Praveen-II/U T
1 issue framed by the court
Whether bail should be granted to the petitioner given the similarities to cases of co-accused who were already granted bail.
3 provisions across 1 enactments
Tinku Kumar
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
