This order grants bail to the petitioner in a case of murder and other IPC offences. The court observed the petitioner was not identified as an assailant but alleged to be a conspirator due to election dispute. Bail is granted on Sec. 302 charge.
Enlargement on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount to CYM, Sitamarhi.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8936 of 2015
Arising Out of PS.Case No. -372 Year- 2014 Thana -BATHNAHA District- SITAMARHI
====================================================== Saroj Thakur S/o Ram Prasad Thakur R/o village - Jamuna Barahi, P.S. Bathnaha, District - Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 04-03-2015 Heard both sides.
The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.
The informant alleged that while he along with his brother, deceased Pawan Kumar Singh, and cousin Raja was going, Madan Choudhary, Subodh Choudhary and Dilip Choudhary dashed the motorcycle of his brother Pawan Kumar Singh and Subodh Chaudhary and Dilip Choudhary shot Pawan Kumar Singh dead. The informant further alleged that at the time of PACS election, Pawan Kumar Singh, the brother of the informant, objected PACS polling made by the petitioner and others as the petitioner’s wife was contesting the PACS election.
It appears that the petitioner is not the assailant of the deceased and the informant alleged that the petitioner might have
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conspired in killing the deceased on account of which the dispute took place during the PACS election.
Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Sitamarhi in Batnaha P.S. Case No. 372/2014.
(Prabhat Kumar Jha, J)
Dilip/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving charge of murder.
Whether conspiracy to kill the deceased can justify bail.
1 provisions across 1 enactments
Saroj Thakur
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
