The High Court at Patna granted bail to petitioners in a murder case. The court noted the case relied on suspicion and lack of eye witnesses, directing execution under standard procedures.
Enlargement on bail by furnishing bonds of 10,000 rupees each 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.5344 of 2015
Arising Out of PS.Case No. -50 Year- 2014 Thana -SRI NAGAR District- MADHEPURA ====================================================== 1. Ashok Sharma S/O Late Narsingh Sharma 2. Deban Sharma S/O Darogi Sharma Both are residents of villageNainpatti(Parmanandpur)P.S-Srinagar,Distt.-Madhepura .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioners seek bail in Sri Nagar P.S. Case No. 50 of 2014 registered under section 302 and other allied sections of the Indian Penal Code.
The wife of the deceased Satyanarayan Sharma alleged that her husband had gone to market but he did not return. The informant alleged that the petitioners and other accused persons might have killed her husband on account of previous enmity.
Learned counsel for the petitioners submits that the informant raised only suspicion that the petitioners and other might have committed murder of Satyanarayan Sharma but there
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is no eye witness of the occurrence. The dead body was recovered on the next day. During the course of investigation the witnesses have only stated about suspicion that due to previous enmity the petitioners might have killed the husband of the informant.
Considering the fact that on the basis of suspicion the petitioners are in jail since 15.09.2014 and 19.09.2014 respectively, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial magistrate, Madhepura in Sri Nagar P.S. Case No. 50 of 2014.
(Prabhat Kumar Jha, J)
M.Rahman/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners charged under section 302 IPC based on suspicion without eye witness evidence.
1 provisions across 1 enactments
Ashok Sharma
Deban Sharma
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
