The Patna High Court granted bail to two petitioners in a murder case pending before the ACJM-II, Saran, directing them to furnish a bond of Rs.10,000 each with two sureties.
Petitioners are released on bail by furnishing a bond of Rs.10,000 each with two sureties of the like amount to the satisfaction of ACJM-II, Saran at Chapra.
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.
Patna High Court Cr.Misc. No.17005 of 2016 (3) dt.26-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17005 of 2016
Arising Out of PS.Case No. -511 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== 1. Bipin Singh S/o Pauli Singh @ Rajendra Singh, resident of villageChanda, P.S. Marhowarah, District- Saran 2. Abhimanyu Singh S/o Ramdeo Singh resident of village- Tenua, P.S. Marhowrah, District- Saran .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Rajesh Roy, Advocate For the Opposite Party : Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 26-05-2016 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are in custody since 29.02.2016 and 27.02.2016 respectively in connection with Marhowarah (Gaura O.P.) P.S.Case No.511 of 2015 registered for the offence under Sections 302 and 120(B) of the IPC.
As per the prosecution case, it is alleged by the informant that three persons fired upon the brother of the informant and he fell down and blood was oozing out from his body and thereafter taken to the hospital where he was declared dead.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.17005 of 2016 (3) dt.26-05-2016
petitioners are in custody since 29.02.2016 and 27.02.2016 respectively. Chargesheet has been submitted in the case. Petitioners have falsely been implicated in the present case due to previous enmity. The only material against the petitioners is of suspicion and the confessional statement of a co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to show the implication of the petitioners in the present case.
On behalf of the State, it has been submitted that the petitioners are named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-II, Saran at Chapra in connection with Marhowarah P.S.Case No.511 of 2015 .
(Sudhir Singh, J)
B.Kr./-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in a murder trial.
Whether there is sufficient material to justify the continued custody of the petitioners.
Bipin Singh
Abhimanyu Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
